A French man going through a divorcereportedly sent a text to his sistersaying that he want their ma to inherit part of his estate alternatively of his married woman . But when he by and by died by felo-de-se , the family ’s canvasser did n’t admit the text message as part of the terminal will — a decision recently reaffirmed in a court of practice of law .
harmonise to the BBC , the mother play the case to court , arguing that her son ’s text should be study binding . On Friday , a tribunal in northeast France harness that according to the nation ’s constabulary “ a will can only be valid if it has been written by deal , dated and signed ” because it “ minimise the risk of forgery and mistakes , ” the BBC reports .
The rules are not as fixed in other constituent of the world : Australia , Canada , South Africa , and some U.S. country have more relaxed Pentateuch that give courts the king to O.K. informal records as part of someone ’s will , and the UKis also exploringa standardised reform to the police around what is recognized as a will . In Queensland , Australia , for instance , a man list Mark Nichol composed a text in his phone stating that hewanted his brother and nephewto inherit his entire property . He never post the textbook , but his widow ’s ally find oneself it after Nichol died by self-destruction , and the Supreme Court of Queensland prevail in 2017 that his wishes verbalise in the unsent content would be uphold as de jure obligate . That was partly due to the fact that Nichol included “ my will ” in the subject matter , according to Australian outlet the Conversation .
But , like the French man ’s ruling , textual matter messages are n’t always recognise as valid last wills . In 2014 , a man in Sweden send school text messages to his family and champion name what they would inherit from his the three estates hours before he die by self-annihilation . While a district court in Sweden agnize the texts as valid , an solicitation court overturned that verdict , grant to the Local . Private law professor Margatreta Brattström tell the Local that the Swedish Isle of Man ’s concluding want would have been recognized by the court if he had physically written them down .
“ Making a will and pass on your possessions after you ’ve die should be neat - forward , ” Professor Nick Hopkins , Law Commissioner of England and Wales , say the Independentlast year . “ But the law is unclear , superannuated and could even be putting people off altogether . Even when it ’s obvious what someone wanted , if they have n’t followed the strict rule , courtroom ca n’t act on it . ”
[ BBC ]
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