Electronic documents & wills

In Mahlo v Hehir [2011] QSC 243 the applicant sought to prove an electronic document found on the deceased’s home computer as the deceased’s will. There was no record of the electronic document having been printed; however, there was evidence that indicated that the electronic document was printed and that the deceased signed the paper copy. But no paper copy of the electronic document was found. McMurdo J was not satisfied that the deceased intended that the electronic document form her will: at [41]. That decision turned on the facts: Alan Yazbek v Ghosn Yazbek & Anor [2012] NSWSC 594 Slattery J at 96.


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