Australia: Unsent text message on man's phone qualifies as his will

Australia: Unsent text message on man's phone qualifies as his will

The judge made the ruling after the dead man's wife applied to manage her late husband's estate, arguing the text message was not valid as it was never actually sent.

Under the state's laws, a deceased's next of kin - such as a spouse - becomes the manager of his or her estate if a will is not prepared.

According to the will law in Queensland, if a person is writing his/her own will and if it's not witnessed properly, a court decision might be needed to sort out the problem, as is seen in this case where a plethora of evidences were produced to prove that the deceased's relationship with wife went downhill.

A supreme court in Brisbane, Australia, ruled that an unsent text typed by a 55-year-old man, shortly before he took his own life, will be treated as his will. The text, signed off with a smiley face emoji, was found on the drafts folder of the man's phone.

In the message, the man gave details of how to access his bank account and where he had hidden money in his house.

It also contained an abbreviation that matched his initials and date of birth, as well as the words "My will".

However, Justice Susan Brown deemed that the text should be counted as a will in a hearing at Queensland Supreme Court citing a previous case in which a DVD marked "my will" was deemed valid, reports the Sydney Morning Herald.

Christine Smyth, president of the Queensland Law Society and a specialist in succession law, told ABC News that the law was relaxed in 2006 to allow wills that did "not strictly comply with the legislation". The unsent message, which was on the drafts section of the phone, was accepted as an official will.

The unsent text was found by the man's friend near his body.

"The terms of the text message and his specification that it was "my will" and that it addressed the disposition of his assets shows that the deceased appreciated the significance of what he was doing by creating the text message", she added.

Related Articles

  • Aguero reveals why he didn't die in vehicle  crash

    Aguero reveals why he didn't die in vehicle crash

    Forward Sergio Aguero has explained why he thinks it would not be easy for Manchester City to sign Lionel Messi from FC Barcelona. That means he could have a chance of returning to action in Saturday's Premier League clash against Stoke at the Etihad Stadium.
    All future iPhones will be able to recognize your face, KGI says

    All future iPhones will be able to recognize your face, KGI says

    Apple iPhone X's Face ID and TrueDepth camera are the new talks of the town. It is also the reason I chose the iPhone 8 Plus over the iPhone X this year.
    Facebook's 'Order Food' feature officially launches across the US

    Facebook's 'Order Food' feature officially launches across the US

    Facebook , at the time, confirmed it was an expansion of its previous "Order Food" functionality via the Facebook Pages. Facebook's two-billion strong users get hungry, and before ordering food users will need to jump ship to another app.
  • Arab standoff looms over Unesco leadership vote

    Arab standoff looms over Unesco leadership vote

    China was silent on its reported decision to withdraw its candidate from the race for UNESCO's Director-General. Azoulay will now face off against Qatar's Hamad Al-Kawari in a vote due to be held at 6:00 pm (1600 GMT).
    Raju Gari Gadhi-2 Review

    Raju Gari Gadhi-2 Review

    Also starring seducing diva Seerat Kapoor , the film is a joint production venture of PVP cinema and Matinee Entertainment. Raju Garu Gadhi 2 is a unique story which keeps the audience engaging and whole movie will have many twists and turns.
    Fatima Sana Shaikh drives people insane  with risque selfie

    Fatima Sana Shaikh drives people insane with risque selfie

    The actress will be seen playing a warrior in the film and she is leaving no stone unturned to play her part to perfection. The Bang Bang actress is also upset with Aamir for giving Fatima (newcomer) the lead role in his film.
  • Trump says people using 'Merry Christmas' again

    Trump says people using 'Merry Christmas' again

    Trump has seized on these feelings, regularly telling primarily religious audiences that his presidency has made it acceptable to "start saying Merry Christmas again".
    President Trump is Destroying the NFL Right Before

    President Trump is Destroying the NFL Right Before "the owners eyes"

    The point is that these athletes are standing up for the change they believe in and they're doing it the only way they can. Second however, the playing of the National Anthem before a game never has had anything to do with honoring the military.
    Furniture stores trail broad retail sector with 1.7% September sales increase

    Furniture stores trail broad retail sector with 1.7% September sales increase

    The July 2017 to August 2017 percent change was revised from down 0.2percent (±0.5 percent)* to down 0.1% (±0.1%)*. As a standalone category, vehicle sales were up 3.6 percent for the month and 4 percent for the year.
  • Sell-side Focusing in on China Biologic Products, Inc. (NASDAQ:CBPO)

    WisdomTree Investments has $31 highest and $6.50 lowest target. $145's average target is 75.57% above currents $82.59 stock price. Vontobel Asset Management Inc decreased China Biologic Prods Inc (CBPO) stake by 11.24% reported in 2017Q2 SEC filing.
    Penn State 'preparing' for Texas A&M to pursue James Franklin

    Penn State 'preparing' for Texas A&M to pursue James Franklin

    Franklin has helped Penn State win the Big Ten title in 2016 and lifted the program out the grave from the Jerry Sandusky fallout. A win there, and you're looking at the Aggies' first 10-win season since they went 11-2 in 2012.
    Amy Jackson's stunning look from Rajinikanth, Akshay Kumar film revealed

    Amy Jackson's stunning look from Rajinikanth, Akshay Kumar film revealed

    Shankar's sequel of his highly successful 2010 film Enthiran ( Robot ) titled 2.o will release in January 2018. To ensure that the actor's personality is radical, Akshay will sound a lot different in the film.