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Queensland court finds dead man’s unsent text valid as official will

The Supreme Court in Brisbane have accepted a dead man’s draft text message giving everything to his brother and nephew — and not his wife and son — as a valid will.

As reported by the ABC, the 55-year-old man took his own life in October 2016, after composing a text addressed to his brother, which indicated his brother and nephew should “keep all that I have”, because he was unhappy with this wife.

A friend found the text message in the drafts folder of the man’s mobile phone, which was found near his body.

Ross asked National Head of Wills and Estate Planning at Maurice Blackburn, Andrew Simpson, if the fact the text message wasn’t sent, effects the case.

“Essentially the court needs to satisfy itself that what he wrote was intended to be his final will,” Andrew said.

“The court can grant probate of an informal document.

“The court must have been satisfied that that person was the only person to have possession of that phone.”

“Geez they’ve got over a few hurdles haven’t they?!” Burnso said.

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