Aussie court rules an unsent text on phone counts as a will certainly

Australian court rules an unsent text message on phone counts as a will

A text counts as a will in Aussie court.

Image: Getty Images/EyeEm

An unsent message of a departed man in Australia has been ruled being a valid will.  

It indicates he will leave his estate in order to his brother and nephew instead of his son and wife, who else he apparently had a difficult romantic relationship with.  

The decision has been handed down by a judge at the Great Court of Queensland, following simply no evidence of any other will created by the particular deceased man.

The guy, who tragically took his own existence, was found with the phone simply by his widow in October 2016. The following day, a friend of the widow was asked to look through the departed man’s contact list to see who must be notified of his death.  

It was there the unsent text message was found, and a screenshot was taken.  

“Dave Nic you and Jack keep all that I possess house and superannuation, put our ashes in the back garden with Trish Julie will take her stuff just she’s ok gone back to the girl ex AGAIN I’m beaten. Some cash behind TV and a little bit in the bank Cash card pin number 3636 MRN190162Q 10/10/2016 My will certainly, ” read the text message.

The widow, who contested the will certainly, sought to rely on the fact that since the deceased man did not send the written text message, he didn’t mean this.

But the judge in cases like this, Justice Susan Brown, was pleased the unsent text constituted being a valid document and the deceased guy had made up his mind upon where his property would pursue his death, due to the words “my will” at the end of the message.

Also noted by the judge was your contact between the deceased man, their brother and nephew, prior to their death, and that the text was created close to the date of his dying. It was also deemed likely the particular deceased man intended for the information to be found with him.

“In all of the circumstances I consider how the text message was intended by the departed to operate as his will on his death, ” Brown mentioned.

Queensland law states that will wills need to be in writing and agreed upon off by two witnesses. In case a person dies without a will, they may be subject to their assets being split as per the state’s Succession Behave.

To talk to someone regarding self-injury or if you are experiencing thoughts of suicide, text the Crisis Text Line at 741-741 or call the particular National Suicide Prevention Lifeline with 1-800-273-8255. For international resources, this particular list is a good place to start.

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