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AUSTRALIA: Court Upholds Dead Man’s Unsent Text As Will

By Published October 11, 2017

A Wife has lost a legal challenge of his late husband’s last will and testament prepared in an unsent text message on his phone.

The draft message, addressed to the diseased brother left out the wife and son, leaving his home and pension to his brother was signed off ‘’My Will’’ with a smiley face emoji.

The court in Australia ruled the text as a legitimate will. "The informal nature of the text does not exclude it from being sufficient to represent the deceased's testamentary intentions," said Justice Susan Brown when handing down her decision at the Brisbane Supreme Court.

The unsent text released by the court described how the man had become disgruntled with his wife.

"You and [nephew] keep all that I have - house and superannuation - put my ashes in the back garden... [wife] will take her stuff only. She's ok - gone back to her ex AGAIN - I'm beaten," it read.

The message provided the man's bank account details and was signed off "My will", followed by the smiling character.

The man's wife argued that it could not be accepted as a will since the message was never sent, but the court found that the wording of the text indicated the man's intent to have it included in his will.

"The reference to his house and superannuation and his specification that the [wife] was to take her own things indicates he was aware of the nature and extent of his estate, which was relatively small," Brown added.

The court said the deceased did not have any real contact with his son and a "rocky" relationship with his wife, although they did in the past enjoy "happier times".

The husband took his own life in October 2016, aged 55.

Read 40 times Last modified on Wednesday, 11 October 2017 20:39