In a recent news article, it has been reported that the Queensland Supreme Court has validated an unsent text as an official Will.

The 55 year old man in question, took his own life, and left a typed Will in his drafts folder on his mobile phone.

As well as instructing his estate to be left to his brother and nephew, it also had details of how to access his bank account, together with information on his funeral preference.  He ended the text saying it was “his Will”.  The man was married to his wife and he indicated in the text that he did not want her to inherit because he believed she had left him and gone back to an ex partner 2 days previously.  He and wife had allegedly had a rocky relationship. His wife brought the case to court; arguing that his ‘Will’ (the text message) could not stand as the text was never sent but the Supreme Court declared that the ending of the text indicated otherwise and that it was his intention to leave everything to his brother and nephew.

In England, usually if someone dies without a Will their estate will pass to their next of kin under the intestacy rules, which in the above case would have been the deceased’s wife. 

If you do not want your loved ones to have to go through uncertainty or to potentially have to go through the courts in dispute then you should always make your intentions clear and have a valid Will in place. 

Should you wish to make a Will or require further information please contact the Private Client Team at mosshaselhurst solicitors, Telephone Northwich 01606 74301.