10 Years on From the Queensland “iPhone Will” Part 2: The South Australian “iPad Will”

Continuing our series describing the changing landscape of Australian judicial attitude to electronic Wills, we have moved on from a 4.7 inch screen to a 12.9 inch screen, with a matter decided before the South Australian Supreme Court in relation to a Will that was made on an iPad.

In The Estate Of Elizabeth Seabrooke (Deceased) [2023] SASC 122 (“Seabrooke”) the deceased, Elizabeth Seabrooke, made a Will on an iPad and signed it using the e-pen on the iPad before two witnesses who did the same. After Ms Seabrooke died in 2022, a copy of that Will was saved to a USB and presented to the Court, to be admitted to Probate as the Will of the deceased. The executor named in the iPad Will could not locate the Will document on the original iPad that was used to make the Will.

In order for the application to succeed, it was necessary to demonstrate there was a document which contained the testamentary intentions of the deceased person (which aligns with the Wills Act 1936 (SA)). The Court was satisfied that the document was the electronic Will of the deceased as by placing her electronic signature on the electronic document, she had intended that it constitute her Will. The document had met the requirements of a valid Will set out on the Wills Act including:

• it was signed by the testator and her witnesses before each other; and
• it appeared that she intended her signature to give effect to the Will.

The application was aided by the fact that all parties (except for one) who may have been prejudiced by the application to the Court, had consented to the application.

This decision is a reflection of the changing attitudes the Courts hold toward electronic documents, and marks a more contemporary approach to recognising electronic Wills. An application to have an electronic Will admitted to the Courts can be more complex and costly and the success of the application is based on the specific circumstances of each case. For this reason, we recommend speaking with an expert who can assist in preparing your documents to avoid any issues. Please contact the Private Wealth team at Chamberlains Law Firm to discuss your Will.