Unsent text accepted as dead man’s will by Australian court

A Courtroom in Australia has accepted an unsent, draft textual content message on a useless man’s cell phone as an official will.

The Fifty Five-12 months-old man had composed a textual content message addressed to his brother, during which he gave “all that I’ve” to his brother and nephew.

The message was discovered Within The drafts folder on the man’s telephone after he took his own lifestyles closing year .

Brisbane Supreme Court ruled that the wording of the textual content indicated that the man intended it to behave as his will.

Within The message, the person gave details of easy methods to get entry to his bank account and where he had hidden money in his house.

“Put my ashes Within The again backyard,” he wrote. “Just A Little of money at the back of TELEVISION and Somewhat In The bank.”

Consistent With ABC Information, the man’s spouse utilized to manage his property and argued that the textual content message was now not valid as a will because it used to be by no means despatched.

Typically, for a will to be valid in Queensland, it should be written and signed with the aid of two witnesses.

Justice Susan Brown said the wording of the text message, which ended with the words “my will”, showed that the person intended it to act as his will.

“The reference to his house and superannuation and his specification that the applicant was once to take her own things signifies he was once privy to the nature and extent of his property, which was reasonably small,” she stated.

She said the “informal nature” of the message didn’t stop it representing the man’s intentions, particularly as it used to be “created on or about the time that the deceased was contemplating loss of life, such that he even indicated the place he wanted his ashes to be placed”.

In 2006, the law in Queensland was once modified to allow much less formal forms of paperwork to be thought to be as a will.

Another abnormal will regularly occurring in Queensland features a DVD marked with “my will”, in 2013.

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