WO2006138748A2

WO2006138748A2 - Wills and testaments

Info

Publication number: WO2006138748A2
Application number: PCT/ZA2006/000081
Authority: WO
Inventors: Michael Myburgh; Jaques Myburgh
Original assignee: Michael Myburgh; Jaques Myburgh
Priority date: 2005-06-21
Filing date: 2006-06-20
Publication date: 2006-12-28
Also published as: WO2006138748A3; ZA200803400B

Abstract

A method of making a testament includes creating in electronic format a dataset (40, 42, 44, 46, 48) representing a will of a testator, the dataset containing authentication means confirming the identity of the testator and storing in electronic format the dataset. Furthermore, a method of making available said testament includes receiving from a requester (12, 14, 16, 18) a request to retrieve a testament, the request containing at least the identity of the testator, verifying (22, 24, 26, 28) that the requester is authorized to retrieve the testament, retrieving a dataset representing the will of the testator by use of the identity of the testator and providing the dataset to the requester.

Description

WILLS AND TESTAMENTS

THIS INVENTION relates to wills and testaments. In particular, this invention relates to a method of making a testament, to making available said testament, to an electronic testament and to a testament repository.

BACKGROUND OF THE INVENTION

Wills, testaments, estates and trusts are normally drafted in accordance with legal and statutory requirements to ensure that the document represents the true will of the testator. However, because of the strict legal requirements according to which such documents are drafted and interpreted, it may happen that documents are not accepted by law as being drafted on behalf of the testator. Also, because of the strict legal requirements it may be cumbersome to keep such documents up to date, and locating documents following the death of a testator is frequently difficult.

The object of this invention is to address at least some of these issues.

In this document the term testament is used, but the same invention is equally well suited to trust documents

SUMMARY OF THE INVENTION

According to the invention, there is provided a method of making a testament, the method including creating in electronic format a dataset representing a will of a testator, the dataset containing authentication means confirming the identity of the testator; and storing in electronic format the dataset.

The method may include conducting a personal consultation prior to creating the dataset.

The method may include storing the identity of at least one nominee authorized to retrieve the testament.

The dataset may include any one or more of a series of images in combination with a soundtrack containing a live presentation by a testator of his will; images of pages of a document containing a will of a testator; and a document containing a will of a testator. For example the dataset may be in the form of an audio visual recording of a testator presenting his will, graphic images of pages of a testator's will or a word processor document containing the will of a testator.

The method may include capturing the dataset on any one of an electromagnetic storage medium, such as a magnetic disk or tape; an optical storage medium such as a compact disk optical read only memory; and a solid state storage medium such as a memory circuit.

Conveniently the method may include storing the dataset on removable media or storing the dataset on a data server.

The method may include storing a pre-recorded dataset, for example recording the dataset on a storage medium and then depositing the dataset, or storing a dataset by recording the dataset in real time i.e. over a computer network providing access to the storage medium. The authentication means may be in the form of a physical identification on a storage medium, such as a mark on the storage medium or on the pages of the dataset.

For example, the physical identification may be in the form of any one of a signature; and biometrical identification means, such as a fingerprint.

For security purposes, the physical identification means may be in a form which is invisible to the human eye under normal lighting conditions, such as a fluorescent ink which fluoresces only when radiated with light of a specific wavelength, such as ultraviolet light.

The dataset may include documents in addition to the will of a testator. For example the dataset may include evidentiary material such as identity documents, policies, certificates, or the like. The dataset may thus not only include the will of the testator, but other documents related to the estate of the testator which may be of use in the administration of the estate.

The authentication means may be in the form of an electronic encryption key which may be stored as part of the dataset. For example, the dataset may be encrypted by use of electronic encryption means. In particular the encryption means may use a so called public key infrastructure.

The authentication means may be in the form of an electronic overlay on the dataset which creates a watermark effect when reproduced, such as a watermark on each page.

Storing the electronic dataset may include, storing the electronic dataset at a secure location. For example the secure location may be a location which is physically secure in which the storage medium may physically be stored. Also, the secure location may be a location from which the dataset may only be retrieved electronically via secure access means. For example the access to the dataset may be protected by means of a password, a secure electronic data link, or the like.

The method may include an arrangement in which the dataset is created at one location while the dataset is stored at another secure location. More particularly, the dataset may be created at one location and stored on a data server, which may be at another location.

The invention extends to a method of making available a testament as herein before described, the method including receiving from a requester a request to retrieve a testament, the request containing at least the identity of the testator; verifying that the requestor is authorized to retrieve the testament; retrieving a dataset representing the will of the testator by use of the identity of the testator; and making available the dataset to the requester.

Receiving a request to retrieve a testament may include any one of receiving a physical request via a requisition document, receiving a telephone call, receiving an on-line request and receiving a data message, all of which include the identity of the testator.

Verifying that the requestor is authorized to retrieve the testament includes receiving the identity of the requestor and comparing it with the identity of a predefined nominee authorized to receive the testament.

Verifying that the requestor is authorized may include any one of reading biometric features of the requester and receiving from a requester a password, to determine if the requester is a predefined nominee authorized to receive the testament. For example a username and password combination may be used to verify the authorization of the requestor, or the requestor's fingerprint or retina may be scanned to identify the requestor.

In addition verifying that the requestor is authorized to retrieve the testament may include confirming that a death certificate has been issued for the testator.

Retrieving a dataset representing the will of the testator may include accessing an index of the identities of testators to find the dataset of the specific testator.

Making available the dataset to the requester may include authorizing release of the dataset.

It is to be appreciated that the steps of receiving from a requester a request to retrieve a testament, the request containing at least the identity of the testator; verifying that the requestor is authorized to retrieve the testament; retrieving a dataset representing the will of the testator by use of the identity of the testator; and providing the dataset to the requester may individually or may all be performed on a data server.

The invention extends to an electronic testament, which includes a dataset containing in electronic format the will of a testator; and authentication means associating the testator uniquely with the dataset.

The dataset may include any one or more of a series of images in combination with a soundtrack containing a live presentation by a testator of his will; images of pages of a document containing a will of a testator; a document containing a will of a testator.

The dataset of the electronic testament may include the features as described.

The invention extends further to a testament repository which includes a data server operable to store a plurality of electronic testaments as herein before described, the testaments indexed according to the identity of the testators; and access means operatively connected to the data server for accessing the datasets.

The data server may be operable to host a database containing the plurality of electronic testaments, as described.

In the testament repository the plurality of electronic testaments may be indexed according to the identities of the testators of the electronic testaments.

The access means may be in the form of a network interface connectable to a computer network for providing access to the database via the network interface. The network interface may be connectable to a public network such as the Internet.

Preferably the access means may include a user interface to the data server. More particularly, the user interface may be in the form of any one of an Internet portal, a wireless application protocol portal, and a cellular telephone interface, operable to provide user friendly access to the data server.

The testament repository may include a security arrangement operable to control access to the database. For example, the security arrangement may be in the form of a network firewall for controlling access to the database. The invention will now be described, by way of example only, with reference to the following drawings.

DRAWINGS

In the drawings:

Figure 1 shows a schematic block diagram of access routes to a data server of a testament repository in accordance with the invention; and

Figure 2 shows a data flow diagram of a method of making a testament, in the testament repository of Figure 1.

EMBODIMENT OF THE INVENTION

With reference to the drawings, reference numeral 10 refers to access routes to a data server implementing a method of making a testament in accordance with the invention.

In Figure 1 , reference numerals 12, 14, 16, 18 refer to users in the form of Authenticators, Executors, Brokers and Individuals, respectively, all of whom requires access to a testament repository 38 in the form of a data server.

A network in the form of a public network, in this example the Internet is represented by reference numeral 20. Through the Internet 20, the users 12, 14, 16, 18 obtain access to the testament repository 38, in use, making the testament repository available to a wide range of users.

A security arrangement in the form of access control and a firewall is provided and is operable to control access to the database. The access control levels are indicated by reference numerals 22, 24, 26, 28 and the levels of access are indicated by reference numerals 30, 32, 34, 36. Administrator access is verified at 22 and provides full authority to the authenticator 12, at 30.

Executors 14 get access via username and password verification at 24 to obtain limited access to their own customers at 32.

Similarly, brokers 16 get limited access via username and password verification at 26 to obtain limited access to their own customers at 34.

An individual 18 get access via username and password verification at 36, but obtains only access to his own records on the data server 38.

On the data server 38, data sets can be stored in the form of a word processor document 40, a series of scanned graphic images 42, an audio recording 44 (e.g. in MP3 format), an audio visual recording 46 (e.g. in MPEG format), or in another format 48 in which the authenticity can be verified.

In Figure 2, is shown a data flow diagram of a method of making a testament 50. Reference numerals 52, 54, 56 refer to recording of personal information, to an audio recording and to an audio/video recording, respectively.

At 58 a paper document is submitted, which is scanned at 66, verified at 70 and on which is placed a watermark or digital signature at 80 before being lodged onto the data server 38.

At 60 an electronic document is received onto which is entered a digital signature 68, which is verified at 72 and on which is placed a watermark 82, before being lodged onto the data server 38. At 62, the audio recording 54 is digitally recorded and compressed in MP3 format. The data is verified at 74 and a digital signature is placed on the digital file before being lodged onto the data server 38.

At 64, a digital audio visual recording of a video 56 is made and compressed in MPEG format. The data is verified at 76 and a digital signature is placed on the file at 84, before being lodged onto the data server 38.

In this example the data server 38 is in the form of a web server, which is connected to the Internet 20. The Internet connection can be by means of any public or private leased line, such as a dial-up connection, an integrated services digital network line, or the like.

The data server 38 operates on a Linux™ operating system and runs a so-called structured query language (SQL) database server application. However, it is to be appreciated that any other operating system or database server application can be used.

In the data server 38, a plurality of testaments are stored as datasets which are in the form of any one of a series of images in combination with a soundtrack containing a live presentation by a testator of his will, images of a document containing a will of a person, or a document containing a will of a person, as discussed above. The legal requirements, to which the datasets have to conform legally to capture the testator's will, are determined by the jurisdiction under which the system is implemented.

Although the data server is connected via an open architecture public network, the data server includes features which define a secure environment in which it operates. In another embodiment, not shown here, each dataset is stored on an individual data carrier, such as an optical disk. Each data carrier is authenticated with a unique mark in fluorescent ink, which fluoresces only when radiated with light of a specific wavelength, such as ultraviolet light. For example, a signature or fingerprint may be applied to the data carrier by means of the fluorescent ink.

The dataset on the server 38 is stored on electromagnetic storage media in the form of a so called hard disk drive. It is to be appreciated that the dataset can also be stored on an optical disk, a non-volatile solid state memory such as a so called

Flash random access memory, or the like.

The Applicant is of the opinion that the invention as illustrated describes a new method of making a testament and a new method of making available a testament, a new electronic testament and a new testament repository.

The Applicant further believes that although the requirements for making and interpreting wills and testaments were in the past restricted to the interpretation of physical documents that, as the authenticity of digitally created documents are recognised by law, this invention will be of value. The Applicant believes that the main advantage of the present invention is the ease by which a valid will and testament can be created, authenticated, and amended.

Claims

1. A method of making a testament, the method including creating in electronic format a dataset representing a will of a testator, the dataset containing authentication means confirming the identity of the testator; and storing in electronic format the dataset.

2. A method as claimed in claim 1 which includes conducting a personal consultation prior to creating the dataset.

3. A method as claimed in any one of claims 1 and 2 which includes storing the identity of at least one nominee authorized to retrieve the testament.

4. A method as claimed in any one of claims 1 to 3, in which the dataset includes any one or more of a series of images in combination with a soundtrack containing a live presentation by a testator of his will; images of pages of a document containing a will of a testator; and a document containing a will of a testator.

5. A method as claimed in any one of claims 1 to 4, in which storing in electronic format the dataset may include capturing the dataset on any one of an electromagnetic storage medium; an optical storage medium; and a solid state storage medium.

6. A method as claimed in claim 5, which includes any one of storing the dataset on removable media and storing the dataset on a data server.

7. A method as claimed in claim 6 which includes any one of storing a pre-recorded dataset and storing a dataset by recording a dataset in real time.

8. A method as claimed in any one of claims 1 to 7, in which the authentication means is in the form of a physical identification on a storage medium.

9. A method as claimed in claim 8 in which the physical identification is in the form of any one of a signature; and biometrical identification means.

10. A method as claimed in claim 9 in which the physical identification means is in a form which is invisible to the human eye under normal lighting conditions.

11. A method as claimed in any one of claims 1 to 7, in which the authentication means is in the form of an electronic encryption key.

12. A method as claimed in claim 11 in which the electronic key includes a public key infrastructure.

13. A method as claimed in any one of claims 1 to 12 in which the dataset includes documents in addition to the will of a testator.

14. A method as claimed in any one of claims 1 to 7, in which the authentication means is in the form of an electronic overlay on the dataset which creates a watermark effect when reproduced.

15. A method as claimed in any one of claims 1 to 14, in which storing the electronic dataset includes, storing the electronic dataset at a secure location.

16. A method as claimed in claim 15, in which creating the dataset takes place at one location while storing the dataset takes place at another secure location.

17. A method as claimed in any one of claims 1 to 16, which includes any one of creating the dataset on a data server and storing the dataset on a data server.

18. A method of making available a testament made in accordance with any one of claims 1 to 17, the method including receiving from a requester a request to retrieve a testament, the request containing at least the identity of the testator; verifying that the requestor is authorized to retrieve the testament; retrieving a dataset representing the will of the testator by use of the identity of the testator; and making available the dataset to the requester.

19. A method as claimed in claim 18, in which receiving a request to retrieve a testament may include any one of receiving a physical request via a requisition document, receiving a telephone call, receiving an on-line request and receiving a data message, all of which include the identity of the testator.

20. A method as claimed in any one of claims 18 and 19 in which verifying that the requestor is authorized to retrieve the testament includes receiving the identity of the requestor and comparing it with the identity of a predefined nominee authorized to receive the testament.

21. A method as claimed in claim 20, which includes any one of reading biometric features of the requester and receiving from a requester a password, to determine if the requester is a predefined nominee authorized to receive the testament.

22. A method as claimed in any one of claims 18 to 21 , in which verifying that the requestor is authorized to retrieve the testament includes confirming that a death certificate has been issued for the testator.

23. A method as claimed in any one of claims 18 to 22, in which retrieving a dataset representing the will of the testator includes accessing an index of the identities of testators to find the dataset of the specific testator.

24. A method as claimed in any one of claims 18 to 23, in which making available the dataset to the requester includes authorizing release of the dataset.

25. A method as claimed in any one of claims 18 to 24, which includes performing on a data server any one of receiving from a requester a request to retrieve a testament, the request containing at least the identity of the testator; verifying that the requestor is authorized to retrieve the testament; retrieving a dataset representing the will of the testator by use of the identity of the testator; and providing the dataset to the requester.

26. An electronic testament, which includes a dataset containing in electronic format the will of a testator; and authentication means associating the testator uniquely with the dataset.

27. An electronic testament as claimed in claim 26, in which the dataset includes any one or more of a series of images in combination with a soundtrack containing a live presentation by a testator of his will; images of pages of a document containing a will of a testator; a document containing a will of a testator.

28. An electronic testament as claimed in any one of claims 26 and 27, in which the authentication means is in the form of a physical identification on a storage medium.

29. An electronic testament as claimed in claim 28, in which the physical identification is in the form of any one of a signature; and biometrical identification means.

30. An electronic testament as claimed in any one of claims 28 and 29, in which the physical identification means is in a form which is invisible to the human eye under normal lighting conditions.

31. An electronic testament as claimed in any one of claims 26 and 27, in which the authentication means is in the form of an electronic encryption key.

32. An electronic testament as claimed in claim 31 , in which the electronic key includes a public key infrastructure.

33. An electronic testament as claimed in any one of claims 26 to 32, in which the dataset includes documents in addition to the will of a testator.

34. An electronic testament as claimed in any one of claims 26 and 27, in which the authentication means is in the form of an electronic overlay on the dataset which creates a watermark effect when reproduced.

35. A testament repository which includes a data server operable to store a plurality of electronic testaments as claimed in any one of claims 27 to 34, the testaments indexed according to the identity of the testators; and access means operatively connected to the data server for accessing the datasets.

36. A testament repository as claimed in 35, in which the data server is operable to host a database containing the plurality of electronic testaments.

37. A testament repository as claimed in claim 36, in which the plurality of electronic testaments is indexed according to the identities of the testators of the electronic testaments.

38. A testament repository as claimed in any one of claims 36 and 37 in which the access means is in the form of a network interface connectable to a computer network for providing access to the database via the network interface.

39. A testament repository as claimed in claim 38 in which the network interface is connectable to a public network.

40. A testament repository as claimed in any one of claims

35 to 39 in which the access means includes a user interface to the data server.

41. A testament repository as claimed in claim 40 in which the user interface is in the form of any one of an Internet portal, a wireless application protocol portal, and a cellular telephone interface.

42. A testament repository as claimed in any one of claims

36 to 41 which includes a security arrangement operable to control access to the database.

43. A testament repository as claimed in claim 42, in which the security arrangement is in the form of a network firewall for controlling access to the database.

44. A new method of making a testament substantially as herein described and illustrated.

45. A new electronic testament substantially as herein described and illustrated.

46. A new method of making a testament as claimed in claim 1 and a new electronic testament as claimed in claim 26, substantially as herein described and illustrated.