How far do you go to record evidence of a Will maker’s intentions
Generally, recordings of conversations without the consent or knowledge of a person is highly contentious when it is put to a Court of law to prove a Will maker’s intentions.
However, there are particular circumstances where such recordings may be admissible. If there was a legitimate purpose, the recording was important to protect fabricating conversations, where there were no other practical means of recording a conversation, and where there is likely to be a serious dispute between the parties, a Court may admit a recording as evidence.
If these criteria are met, however, the Courts exercise caution as to the accuracy of a recording capturing the Will maker’s true intent. Elderly parents are more likely to act more benevolently in a conversation. A secret recording may also be considered unfair and be to the detriment of the recorder.
If you have questions or concerns about any issue to do with preparation or update of a Will, please contact one of our Will Lawyers on 9635 7966
