The Supreme Court of Queensland has held that an unsent text message can constitute a Will in the recent case of Re Nichol; Nichol v Nichol [2017] QSC 220. In this case, the deceased had written a message shortly before he committed suicide stating that his brother and nephew should have all of his assets, with instructions on how to access his assets and where to bury his ashes. In addition the text actually stated ‘my will’ and the date. The Court had the power to declare this will valid if they are satisfied that it embodies the ‘testamentary intentions of the deceased to operate as his will’ under s18 of the Succession Act 1981. Considering that the message was created very shortly before the death, contained the words “My Will” and was sufficiently detailed, the Judge ultimately found that the unsent text message was valid and enforceable under s18.

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