The case of the unsent message

An Australian court has accepted a dead man's unsent, draft text message leaving his possessions to his brother and nephew instead of his wife and son, as an official Will.

The Supreme Court in Brisbane, Australia heard the 55-year-old 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 his wife.

A friend found the text message in the drafts folder of the man's mobile phone, which was found near his body. The unsent message detailed how to access the man's bank account details and where he wanted his ashes to be buried.

“Dave Nic you and Jack keep all that I have house and superannuation, put my ashes in the back garden with Trish Julie will take her stuff only she’s ok gone back to her ex AGAIN I’m beaten. A bit of cash behind TV and a bit in the bank Cash card pin 3636 MRN190162Q 10/10/2016 My will”

In Queensland, if a person dies without a valid Will their next of kin, such as a spouse, takes on the role of managing the deceased's estate.

Thankfully his phone and informal Will were found but it was only settled after a long and lengthy legal battle.

Many people have ex-partners or estranged family members and without a Will, they may very well have a claim to your entire estate.

This is a perfect example of why we all need a Will.