Unsent text accepted as dead man’s will by Australian court – BBC News

Source: Unsent text accepted as dead man’s will by Australian court – BBC News

 

I fervently hope that this is not going to be taken up by the British Courts following the Law Commission consultation.

The potential consequences:

Is a written will superceded by a text message, a facebook message etc, where there is no evidence that it was seen by another?

If an executor cannot unlock a phone, can they be responsible for administering according to the will or intestacy provisions – just in case there is an unsent message?

An unsent message is a draft communication – everyone has thoughts that they have not said, or words they have not committed to, finally – where is the line to be drawn?

Who ensures that the deceased actually made the text message themselves, or even had the relevant mental understanding to make a will.

Its not April Fool’s day, is it?

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