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.
In the message, the man gave details of how to access his bank account and where he had hidden money in his house.
“Put my ashes in the back garden,” he wrote. “A bit of cash behind TV and a bit in the bank.”
According to ABC News, the man’s wife applied to manage his assets and argued that the text message was not valid as a will because it was never sent.
Typically, for a will to be valid in Queensland, it must be written and signed by two witnesses.
As technology evolves, so does everyone’s jurisprudence.
Frankly, I agree with the wife. The fact that he killed himself is relevant. If he met an untimely demise, then perhaps an unsent text would be relevant. But given the fact that he chose the moment of his own death, his unwillingness to send the text first indicates that he didn’t intend for it to be his final word.