Unsent text on mobile counts as a will, Queensland court finds

A text message counts as a will in Australian court

A text message counts as a will in Australian

She claimed that the text message was not valid as it was never actually sent.

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 unsent text described how the man was disgruntled with his wife.

The man took his own life in October a year ago. It mentions a bit of cash behind the TV and a bit in the cash card pin, then ended with the words "my will".

The text further went on to mention the man's banking details and the fact that he wanted his ashes to be buried at a specific site, after his body was cremated.

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The Queensland Government's website says for a will to be valid, it must be in writing and "signed by you in front of two witnesses, both of whom must be over 18 years old, can not be visually impaired and should not be included as beneficiaries in the will".

"It should be said, notwithstanding that the applicant had moved out, she still made arrangements to take the deceased to his mental health appointments and that they spent the weekend prior to his death together, cleaning garden clippings and boxing books for Lifeline", the judge said.

Justice Brown said it was "uncontroversial" that the relationship between the couple, who had been married for a year and in a relationship for three years and seven months, "had problems" and the wife had left on at least three occasions.

In her ruling, Justice Susan Brown said there were a number of elements in the unsent text message that suggested it was a will, such as instructions on where his ashes will be placed, as well as an order that his wife "will take her stuff only".

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".

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