The message was found on the unnamed 55-year-old's phone the day after he committed suicide last October. In a case like this, where his unsent text clearly asked his brother to "keep all that I have", was taken as his legitimate will. The unsent message, which was on the drafts section of the phone, was accepted as an 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.
In a judgment delivered on Monday, Justice Susan Brown said the woman "particularly attaches significance to the fact that the deceased did not send the text message".
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. They must also be written and signed in front of two witnesses who are at least 18 years old, not visually impaired, and are not beneficiaries of the will.
The man's wife was looking to receive his assets and she argued that the message was not valid because it was never sent, according to ABC News.
"You and [nephew] keep all that I have house and superannuation, put my ashes in the back garden ..." "A bit of cash behind TV and a bit in the bank".
In 2006, the law in Queensland was changed to allow less formal types of documents to be considered as a will.
She said "the informal nature of the text" did not exclude it from being treated as representing the man's intentions and noted a 2013 Queensland case in which a DVD marked with "my will" was found to constitute a valid will. "The deceased and the applicant had difficulties in their relationship and had separated on a number of occasions for short periods of time, the most recent occasion being just days before the deceased took his own life", Justice Brown said.
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