A Dead Man’s Unsent Texts are Being Accepted as a Will- What?

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A dead man's unsent text message leaving his home and pension to his brother rather than his wife and son has been ruled a legitimate will by an Australian court.

The text was even signed with a smiley face emoji. 

The message was left in his drafts and was written before the man took his own life in October 2016.

“You and [nephew] keep all that I have, house and superannuation, put my ashes in the back garden … A bit of cash behind the TV and a bit in the bank … my will,” the message said. The text also included the man’s bank account information.

The unsent text released by the court also described how the man was annoyed with his wife at the time.

The judge who made the decision at the Brisbane Supreme Court believed that the man’s use of the words “my will” indicated he wanted the text message to count as a legal document.

The man’s wife argued in court that she should be allowed to manage his assets because the message was never actually sent, according to ABC News.

Despite the ruling, the judge found that the man's wife could make a further application for his land under family law.

Queensland lawmakers claim that for a will to be valid, it must be signed in front of two adult witnesses (over 18). But, these rules were dramatically relaxed in 2006, so now less formal documents are more easily accepted.

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