Brisbane Supreme Court in Australia accepted a smokeless SMS message
on a dead man's mobile phone as an official testament transmitted by the
British media ..... An unmerited man aged 55 years wrote a message
saying that "everything he has" leaves his brother and nephew.
The court states that the SMS was intended to be sent to his brother. This unwanted message found in the sketches on the mobile phone died after committing suicide last year.
The Brisbane Supreme Court decided that the man, because of the way the message was addressed, wanted the SMS to serve as his testament.
The man wrote in a message how he can access his bank account, as well as where he hid a certain amount of money in his house.
"Put my ashes into the garden behind the house. You have some money behind the TV, and something in the bank," wrote in an unsolicited SMS message, BBC
The wives of the deceased applied for the management of his property, and then complained about the judgment of the court because she considered that "SMS message can not be considered a valid will because it was never sent".To say that the will of the Australian state of Queensland would be valid, it must be written and must be signed by two witnesses.
Judge Suzanne Braun said that the way in which the message was written, and in which the last two words were "my will", showed that the man clearly made it clear what the SMS message should represent.
"The story of your home, the allocation of money in the form of income, and the precision of which person should apply for the management of the property of the deceased suggests that he was aware of the nature and size of his estate, which was relatively small," Brown said.
The judge added that the informal nature of the message does not diminish the fact that the man wanted to act upon it, especially because it was created at the moment when the deceased thought of death.
The state of Queensland, following the change of law in 2006, accepts more informal documents as a will.
So in 2013, the court as a testamen accepted the DVD on which "my testament" was written.
The court states that the SMS was intended to be sent to his brother. This unwanted message found in the sketches on the mobile phone died after committing suicide last year.
The Brisbane Supreme Court decided that the man, because of the way the message was addressed, wanted the SMS to serve as his testament.
The man wrote in a message how he can access his bank account, as well as where he hid a certain amount of money in his house.
"Put my ashes into the garden behind the house. You have some money behind the TV, and something in the bank," wrote in an unsolicited SMS message, BBC
The wives of the deceased applied for the management of his property, and then complained about the judgment of the court because she considered that "SMS message can not be considered a valid will because it was never sent".To say that the will of the Australian state of Queensland would be valid, it must be written and must be signed by two witnesses.
Judge Suzanne Braun said that the way in which the message was written, and in which the last two words were "my will", showed that the man clearly made it clear what the SMS message should represent.
"The story of your home, the allocation of money in the form of income, and the precision of which person should apply for the management of the property of the deceased suggests that he was aware of the nature and size of his estate, which was relatively small," Brown said.
The judge added that the informal nature of the message does not diminish the fact that the man wanted to act upon it, especially because it was created at the moment when the deceased thought of death.
The state of Queensland, following the change of law in 2006, accepts more informal documents as a will.
So in 2013, the court as a testamen accepted the DVD on which "my testament" was written.
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