According to ABC News a dead man’s unsent text message to his brother was accepted by an Australian court as the dead man’s will. Although this case has little influence on the US Court System it is a sign of the changes happening all over the world.
The dead man's wife had applied to the Supreme Court to manage her late husband's assets, arguing the text message was not final because it was never sent. The man’s brother had found the text message on his dead brother’s phone which was near the body. The message went on to tell the brother how to access the dead man’s bank accounts and where to bury the ashes. The Australian court ruled that the wording of the text and the use of “My will” indicated that the man knew what he was doing.
"You and [nephew] keep all that I have house and superannuation, put my ashes in the back garden … [wife] 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 … My will"
So the wife is out and the brother and nephew are in.
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Text Message Dead Man’s Will