Is a will written on a tablet computer valid?

Robert Ray

The Chronicle-Telegram reported that an Ohio judge admitted to probate a will written and signed on a tablet computer (Samsung Galaxy tablet.)  The testator was at the hospital and did not have paper or a pen. After he died, the family printed out the will and filed it for probate. The judge ruled that it was a valid will although he found “scant evidence of this having been done elsewhere in the country.”

I’m not sure that this will would be admitted to probate in Texas but it does point out that times are changing and the legislature needs to address these electronic devices that we use everyday but that were not around when the statute of wills was first enacted.

THE AUSTRALIAN reported on November 7, 2013 that a will written on the “Notes” app of an iPhone was upheld as a will also.

“A WILL typed into an iPhone ‘Notes’ app has been declared legally valid by the Supreme Court in Brisbane in a landmark legal ruling.
In what may be a legal first in Queensland, and possibly Australia, the Supreme Court ruled that the will typed into the smartphone but not written out or signed would stand.
But estate litigation lawyer Charlie Young, who sought the court’s ruling for the brother of the man who died, said the court’s declaration does not open the floodgates to people using mobile phones for do-it-yourself wills.
Mr Young, senior associate and estate litigation lawyer with Brisbane firm Bennett & Philp Lawyers, said the circumstances of the iPhone will were very sad and involved a young international resident who lived and worked in Australia.
In September 2011 the man faced an intense personal crisis. With no witnesses he used a “Notes” app on his iPhone to tap in a will shortly before ending his life.” Thanks to Bethanie Castell @bethcastellTGB on Twitter for pointing me to this article.

Copyright by Robert Ray a Texas inheritance attorney. The foregoing information is general in nature and does not apply to every fact situation. If you are concerned about inheritance laws, inheritance rights, have a family inheritance dispute, a property dispute or want information about contesting a will and need an inheritance lawyer, we can help. Please go to our main site www.texasinheritance.com and use the contact form to contact us today. We are Texas inheritance lawyers and would love to learn about your case and there is no fee for the initial consultation.

UPDATES

There are new cases all the time that clarify or change the law on inheritance disputes. Keep up-to-date by subscribing to our blog.

'

Subscribe

Recent Posts

Don’t Use Wills Found on the Internet

Don’t Use Wills Found on the Internet

The IssueIn a case out of the Fort Worth Court of Appeals, the issue was what power did the trustee have to distribute or not distribute assets of the trust.The beneficiaries of the trust sued the trustee to require him to distribute the assets to them. The trustee, a...

Can a murderer inherit his victim’s property?

Texas Slayer Rule Affirmative Action Required The Texas State Constitution has a provision that says ""No conviction shall work corruption of blood, or forfeiture of estate." The Texas Estates Code §201.058 (Probate Code §41(d)) is similar. Those two provisions have...

WHAT CONSTITUTES A SIGNATURE ON A WILL

What constitutes a signature A holographic will is one that is wholly in the handwriting of the testator and signed by him. What constitutes a signature is often contested. Texas recognizes holographic wills but other states do not. The difference between a...

Precatory words in a Texas will

Precatory words in a Texas will What are precatory words? Precatory words are words that are a request or a desire. These are seen mostly in self-made wills. The problems with these words are:  do the words pass title? Examples of precatory words Occasionally, when...

The Author

Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.
© Copyright 2022 | All Rights Reserved.

Pin It on Pinterest

Share This