probate
Is a voicemail proof of intent to leave an estate to somebody?
<p>Say that person A (who owns an apartment in Miami) left a voicemail message to person B (to whom they are not related—person B would not otherwise inherit anything) saying they want to leave B everything and that he doesn't have long left to live.  Suppose that there is a logical reason for A to do so—that B had helped them when they needed help.</p>
<p>If person A does pass away, would a voicemail hold up in any kind of probate court?</p>

<p>If this is Florida, then a will has to be written. If there is no written will, the estate falls under the law of <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&amp;URL=0700-0799/0732/0732.html" rel="noreferrer">intestate succession</a>, part 1. Per § 732.502, every will must be in writing, signed, and witnessed (therefore a voice mail is not a will). If there are any relatives, they may be entitled to a share; otherwise, the estate goes to the state, where it is sold and the funds go into the state school fund (§732.107).</p>

<h2>Maybe</h2>
<p>Rules on what is and is not a valid will vary by jurisdictions.</p>
<p>Many jurisdictions still use very formulaic and specific rules about what makes a will valid. For example, <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&amp;URL=0700-0799/0732/0732.html" rel="nofollow noreferrer">Florida</a> requires a written will, signed and with 2 qualified witness signatures. However, other jurisdictions are more liberal including allowing:</p>
<ul>
<li>Holographic wills (wills entirely in the testator's handwriting but without witnesses),</li>
<li>Nuncupative wills (oral wills),</li>
<li>Unsigned wills (including, in <a href="/questions/tagged/queensland" class="post-tag" title="show questions tagged &#39;queensland&#39;" rel="tag">queensland</a>, an unsent <a href="https://clw.com.au/is-your-text-message-a-valid-will/" rel="nofollow noreferrer">text</a> message).</li>
</ul>
<p>In a jurisdiction where the priority is to give effect to “testamentary intention”, then a voice message could be a valid will.</p>
<p>The relevant jurisdiction is (most likely) the place of normal residence of the testator but this can be complicated if they have more than one or die away from home.</p>
