Man's unsent text message with smiley face counted as a will

The man's unsent text message has been ruled a valid final will

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Queensland's Supreme Court ruled on Monday that a dead man's unsent text message - composed on his phone shortly before he died - may pass of as his official will.

The unsent text message was never sent but had important information that convinced the court that the man was using it as a will.

The person in question was a 55-year-old man who took his own life in October 2016. A bit of cash behind TV and a bit in the bank Cash card pin ...

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The text message, found in the drafts folder of the man's mobile phone by one of his friends, included details on how to access his bank account and where he wanted his ashes to be buried, and specified that his wife should not inherit his house and superannuation.

A will on an unsent text message is not common and the court had to take a look at it to see if it could be accepted.

The family feud over the status of the text played out in the Queensland Supreme Court as the man's brother and nephew asked for the message to be treated as his final will. The witnesses too are required to sign the will in the presence of the will-maker.

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In 2006, the law in Queensland was changed to allow less formal types of documents to be considered as a will. Justice Susan Brown, in her decision, said the wording of the text showed that the man knew what he was doing.

Another factor that worked against the wife's favor was the fact that she shared a "rocky" relationship with the deceased, leading up to his death and her son did not have much of a relationship with the deceased either. She also ruled that suicide does not count against the man's intention to have the text message operate as his will.

Brown said she was also aware of evidence indicating he and his wife had an unstable relationship, that he had no relationship with his son, and that they had broken up "just days" before he took his own life.

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