Unsent text accepted as dead man’s will

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A court in Australia has accepted an unsent, draft text message on a dead man’s mobile phone as an official will.

The 55-year-old man had composed a text message addressed to his brother, in which he gave “all that I have” to his brother and nephew.

The message was found in the drafts folder on the man’s phone after he took his own life last year .

Brisbane Supreme Court ruled that the wording of the text indicated that the man intended it to act as his will… More at the BBC.

In some ways I am surprised to see this judgement, but maybe that is based on what we have viewed as acceptable in the circumstances in the past.

One thought on “Unsent text accepted as dead man’s will

  1. Very surprised at this. This wouldn’t work in Canada because it’s not handwritten and signed and dated, like on paper. Any typed will must be signed and dated with two witnesses who also sign. And in Australia, from what I read, all wills must be signed and dated in front of two witnesses, even if they are handwritten.

    Usually with wills, interpreting intentions isn’t enough. That’s why it’s so important to have a will and keep it up to date. Unless, of course, you don’t care.

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