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Can a video recorded on a phone constitute a valid last will?

Wills and Estates

In Re estate of Dora Marleny Rodriguez Navarro [2024] ACTSC 211, the Supreme Court of the Australian Capital Territory (Justice Baker) considered whether a video recorded on the deceased’s phone could be considered as a last will.

On 26 December 2023, Dora Marleny Rodriguez Navarro (“the Deceased”) went into hospital in Lima, Peru for cosmetic and abdominal surgery. Due to complications during the surgery, the Deceased passed away on 30 December 2023. The Deceased had not made a formal will, however, prior to her death, she had recorded a video on her phone. In the video she made it “clear” that her money and properties were to go to her husband, except for a “small portion” which was to go to her parents. [...]  READ MORE →