Australian court OKs ‘last will and smiley’
Print Edition
A DEAD man’s unsent text message leaving his home and pension to his brother rather than his wife and son and signed off with a smiley face emoji has been ruled a legitimate will by an Australian court.
The draft message, addressed to the man’s brother, was found on his phone after he took his own life in October 2016, aged 55.
“The informal nature of the text does not exclude it from being sufficient to represent the deceased’s testamentary intentions,” said Justice Susan Brown when handing down her decision at the Brisbane Supreme Court.
The unsent text described how the man had become disgruntled with his wife.
“You and (nephew) keep all that I have house and superannuation, put my ashes in the back garden ... (wife) will take her stuff only she’s ok gone back to her ex AGAIN I’m beaten,” it read.
The message provided the man’s bank account details and was signed off “My will,” followed by the smiling character. The man’s wife argued it was not valid since the message was never sent, but the court found Monday that the wording indicated the man’s intent.
“The reference to his house and superannuation and his specification that the (wife) was to take her own things indicates he was aware of the nature and extent of his estate, which was relatively small,” Brown said.
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