Justice Susan Brown of the Brisbane Supreme Court ruled that a man’s text message, which he failed to send to his brother before he died, is acceptable to stand for his legitimate will.
The unsent text message, addressed to the man’s brother, states that he and the nephew shall keep the deceased’s house and his retirement benefits. He also requested them to put his ashes back into the garden. It also said that his wife will only take out her stuff.
Aside from that, the message also contains the deceased bank account details. It was signed off “my will” and ended with a smiling character or an emoji.
However, this did not sit well with the deceased’s wife, arguing that the message was never sent, thus, the message cannot be considered as her husband’s last will.
On the contrary, the court found that the wordings of the message expressed the man’s intention, citing that the reference to the house, to the retirement benefits, and the specification that the wife will be taking her own properties shows that the man knew the nature and the extent of what he owns.
Be that as it may, the wife can still further apply for the estate, under the Australian Family Law.
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