Widow convinces court to accept husband's odd will
A VIDEO recording on a mobile phone, made four years before a man died, has been accepted by a court as his final will, although it could not be accessed from his phone.
A copy of the video, found on the hard drive of Leslie Wayne Quinn's computer, synchronised from his iPhone, was presented to the Supreme Court as evidence of his final will.
Leanne Quinn, his wife of 20 years, who had separated from him two years before his death, told the court her late husband showed her the iPhone recording soon after making it.
At the time he told her he intended it to be his will and no other will was found after his death.
Mrs Quinn found the iPhone after his death, but was unable to access it as it was password protected, but she later found a copy of the recording on his computer hard drive.
She copied the video to a CD and it, along with a transcript, was tendered in court.
Mr Quinn, who took his own life in 2015, aged 53, had suffered from depression for years and had ceased taking medication, the court heard.
In his video recording. Mr Quinn said it was his last and only will and he left "everything'' to Mrs Quinn, mentioning two properties, cash and superannuation.
He also expressed his wishes regarding a cremation and disposal of his ashes.
His modest estate was valued at between $58,611 and $108,611, including two blocks of land, at Yuleba, east of Roma, and Russell Island in Moreton Bay, the court heard.
Liabilities were estimated at between $36,011 and $86,011.
Mrs Quinn was paid death benefits from her late husband's superannuation fund totalling $60,949 in 2016, which did not form part of the estate.
Justice Ann Lyons said while the video did not meet formal requirements for a will, it was submitted that it could be admitted to probate as an informal will.
While the judge did not have the original recording, she considered the CD containing a copy of the recording.
Justice Lyons said the father-of-three had expressed a firm intention to leave all of his assets to Mrs Quinn.
"Although Mr Quinn struggled with depression there is no indication in the recording that he was affected in any way at that time,'' the judge said.
"Indeed he was bright, articulate and alert and in fact appeared to be cheerful in the recording.''
Justice Lyons declared the video recording made on the iPhone, as contained in the CD copy, constituted Mr Quinn's will and ordered a grant of letters of administration be made to Mrs Quinn.
LIFELINE 13 11 14.