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Unsent Text On Mobile Counts As a Will, Australian Court Finds (abc.net.au)
A court in Australia has accepted an unsent, draft text message on a dead man's mobile phone as an official will. The 55-year-old man had composed a text message addressed to his brother, in which he gave "all that I have" to his brother and nephew. From a report: The Supreme Court in Brisbane 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 this 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.
Depends on the legal jurisdiction, but in 1948, a Saskatchewan farmer became trapped under his tractor, and scratched a short will into the bumper of his tractor. This survived court challenges, and that bumper is now on display of the library at the law courts. More info can be found here.
...si hoc legere nimium eruditionis habes...
He found an unsent text message in the drafts folder of the phone of his relative he found dead before anyone else. Totally doesn't seem self serving at all! /sarcasm
I thought the same thing at first. But then I RTFS.
The unsent message detailed how to access the man's bank account details and where he wanted his ashes to be buried.
I guess it's possible that the brother already knew how to access the dead man's bank account, but it does at least make this not as simple as you purport it to be.
For my part, I intend to avoid this familial post-life bickering by being dead.
My problem with this is that the text was unsent and still a draft, yet he took his own life at a time of his own choosing.
So, it's likely he wasn't really sure he wanted to do this, but was only pondering it... unless he didn't have signal where he was. Some people right mad letters just to blow off steam but never send them. The whole point of text messages is to send a communication, not create documents on your device. There are default apps for that too.
Had the text been sent, that'd be different. Was there cellular reception at this location?
Look back up at my post, now look back down, you're on the Internet. Now look back up. I'm a signature.
I just hope an unsent text on a mobile never counts as a marriage proposal.
You are welcome on my lawn.
I can't speak for other countries, but in most of the USA the determining factor would be "was it really a final document, or just a draft/in-progress document?" and "was it altered/faked?"
With a paper will, it's fairly easy to test: was it signed, and was it altered after signing?
With a text or email that is sent it's a bit harder but sometimes you can still prove it is "final" if you show that the purported sender is the actual sender, that it hasn't been altered, and that the context indicates it was a final document.
With a draft, the default presumption would be that it was a work-in-progress. Context, such as a suicide, a lack of any other will, etc. can overturn this presumption but it would be an uphill battle. Of course, proving it hadn't been tampered with may be impossible if there wasn't a copy that can be proven to be "not tampered with" to compare against.
My guess is that if something like this happened in the USA and there was nobody contesting, the courts would allow it "for lack of any objection." If it was contested, well, those wanting to prove their case would have a big uphill battle.
Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
The purpose of having a signed and witnessed will is proof that it was authored or approved by the individual. Even with an unwitnessed handwritten will you can authenticate the author from handwriting analysis. How can this be accomplished for a document typed on a Smartphone, when anyone could have picked the phone up and typed it in post hoc?
Japanese tempura is the only way to be a vegetable. I like tempura vegetables of vegetables I don't even like, it's that good.
If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
Guys, do all yourselves a favor to avoid this familial post life bickering: get a living will that outlines your last will and testament as well as what to do if you become a vegetable!
Wait... so... what should I include in my living will to ensure there is familial post life bickering? ;)
Anons need not reply. Questions end with a question mark.
Considering it would be from another slashdotter, I certainly would turn it down.
If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
There are two things that come to mind which make me think it's not unreasonable.
The first is, the guy's dead, his true intentions can't really be determined now, insofar as what was left behind, and are probably more inclined to just to share the estate, because ultimately the court doesn't care.
The second is a lot of suicidal people don't send out their messages, they do leave them on their phone, so that no one comes and tries to rescue them. I would guess this situation is no different, after all, I'm sure the brother would have tried to intervene with a message like what was saved on the phone.
Looking at those things together, and given the circumstances of the breakdown in the relationship, yea, I think the courts determined an appropriate outcome.