An Australian court has ruled that a draft text message is the official Will of man who then committed suicide without sending it.
The message, found in the drafts folder of the 55-year-old’s phone and intended for his brother, stated that he wished to leave “all that I have” to his brother and nephew.
The Brisbane Supreme Court judge decided that the wording of the text, giving financial details and ending with the words “my will”, made clear that the man intended it to be regarded as such.
Justice Susan Brown’s ruling also stated that the intention of the message and circumstances in which it was sent were not lessened by its “informal nature”.
The wife of the deceased man had contested that the text message was not valid as it had not been sent.
Karl Dembicki, Private Client Partner at Buckles Solicitors, said: “Whilst this decision is obviously not applicable in England and Wales, the Law Commission has recently launched a consultation calling for an overhaul of the Wills system to reflect the modern world which could pave the way for electronic Wills.
“The Victorian rules that currently govern Wills can be complex and may be a contributing factor as to why 40% of us die without a Will (intestate). However, the Commission will have to weigh up the ease of making an electronic Will with the very real dangers of fraud and undue influence that may then lead to legal challenges being made.”
