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 lifeless man’s cell phone as an official will.

The 55-year-old man had composed a textual content message addressed to his brother, wherein he gave “all that I’ve” to his brother and nephew.

The message was discovered within the drafts folder on the person’s cellphone after he took his personal life final 12 months .

Brisbane Supreme Court docket dominated that the wording of the textual content indicated that the person meant it to behave as his will.

Within the message, the person gave particulars of find out how to entry his checking account and the place he had hidden cash in his home.

“Put my ashes within the again backyard,” he wrote. “A bit of money behind TV and a bit within the financial institution.”

In keeping with ABC News, the person’s spouse utilized to handle his belongings and argued that the textual content message was not legitimate as a will as a result of it was by no means despatched.

Usually, for a will to be legitimate in Queensland, it should be written and signed by two witnesses.

Justice Susan Brown mentioned the wording of the textual content message, which ended with the phrases “my will”, confirmed that the person meant it to behave as his will.

“The reference to his home and superannuation and his specification that the applicant was to take her personal issues signifies he was conscious of the character and extent of his property, which was comparatively small,” she mentioned.

She mentioned the “casual nature” of the message didn’t cease it representing the person’s intentions, particularly because it was “created on or in regards to the time that the deceased was considering demise, such that he even indicated the place he wished his ashes to be positioned”.

Validity of wills

In 2006, the legislation in Queensland was modified to permit much less formal sorts of paperwork to be thought of as a will.

One other uncommon will accepted in Queensland features a DVD marked with “my will”, in 2013.

The UK’s Legislation Fee is at the moment fielding a public consultation on the legal rules applying to wills.

The proposals listed by the physique consists of giving courts the capability to “dispense with the formalities for a will the place it is clear what the deceased wished”.

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Printed at Wed, 11 Oct 2017 09:47:09 +0000