Viw Magazine

The Times


.

An unsent SMS, a message on a tractor, a poem: the courts say a valid will can take many forms

  • Written by: Katherine Biber, Professor of Law, University of Technology Sydney
In 1948, as Cecil George Harris lay dying after a tractor accident, he scratched a final message into the vehicle's fender. illustration supplied by: Impact Studios/Dinalie Dabarera.

When a man died by suicide in 2016, a friend found an unsent SMS on his phone:

Dave Nic you and Jack keep all that I have house and superannuation, put my ashes in the back garden with Trish Julie 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 3636 MRN190162Q 10/10/2016 My will

Following a dispute between the man’s widow and his brother and nephew, the Supreme Court of Queensland decided the message was a valid will.

The case represents a growing body of legal decisions reflecting how the digital age is challenging the courts.


Read more: Five things to do before you die – because planning your eventual demise takes preparation


The changing definition of the word ‘document’

The courts have had to consider whether DVDs and digital videos , iPhone notes , Microsoft Word documents , encrypted computer files and other digital artefacts count at valid wills or amendments.

In the UK, the Law Commission is reviewing the law of wills to decide whether it should reflect the ubiquity of digital technologies.

Except in very limited exceptional circumstances, a will is a document. To be a valid formal will, there are certain requirements: it must be in writing, on paper, signed by the testator, witnessed by other people, and formally executed. Specific formal language is encouraged.

In law, documents – more than witnesses or physical objects – have become the most important form of evidence.

But in the digital age, the distinction between a document, a witness and real evidence is becoming more difficult to perceive, and pointless to sustain.

What we understand as a “document” has expanded to include a potentially limitless range of digital forms and devices.

Challenges abound. Digital documents are long, ubiquitous, intangible, difficult to authenticate, easy to duplicate and modify. They sometimes bring more questions than answers.

The case of the unsent SMS

The Supreme Court of Queensland had no difficulty in finding that the unsent text message was a document. However, it was not a formal will. Informal wills can still be valid in some circumstances. The court noted that the unsent message was identified as a will, dated, contained the deceased’s initials and date of birth (“MRN190162”).

It identified most of his assets, included clear wishes about their distribution, provided a pin code and gave instructions about his ashes.

The court also considered his state of mind at the time of his death, determining he had sufficient capacity to make a will. It considered the fact the man didn’t send the text message: did it mean that his will was still in draft form and did not reflect his final wishes?

The court accepted evidence that he did not send the message so that his family would not interrupt his suicide. Despite lacking nearly all of the formalities of a will, it was found to be his valid last will and testament.

A court might look for clues wherever possible - even in the deceased draft messages folder. Shutterstock

The case of the tractor fender will

Courts have had to consider whether an eggshell , a tractor fender, a petticoat hem , graffiti on a wall , and a poem might be valid wills.

In 1948, Cecil George Harris died following an accident on his Saskatchewan wheat farm. He had been trapped underneath his tractor for 12 hours in torrential rain. His wife and neighbours eventually found him during a lightning storm. Despite their best efforts, he died of his injuries.

Two of his curious neighbours went to examine Harris’ stricken tractor and found that message he’d scratched into the paint on the fender:

In case I die in this mess I leave all to the wife. Cecil Geo. Harris

An extract from ‘In Case I Die In This Mess’, an episode of the podcast History Lab, from Impact Studios at the University of Technology, Sydney.

The neighbours removed the fender after his funeral and conveyed it to a local lawyer. It was eventually held to be Harris’ last will and testament. Because this case is now a quirky landmark of Saskatchewan succession law, the fender and the knife Harris used to carve his message are now on display in the library of the University of Saskatchewan law school.


Read more: Facebook's accidental 'death' of users reminds us to plan for digital death


What would the deceased have wanted?

Grief, generosity, love, regret, hate, spite, retribution, eccentricity: the full gamut of human emotions are revealed in a person’s will, and in the conduct of their beneficiaries and descendants after death.

Probate courts are required to walk into this emotional minefield, and ask: what would the deceased have wanted?

When a deceased person hasn’t left a will, or they’ve left one that’s deficient, the court looks for clues.

And, as history tells us, the courts have often acted with considerable sensitivity and flexibility in trying to do justice to the dead.


If this article has raised issues for you, or if you’re concerned about someone you know, call Lifeline on 13 11 14.


In Case I Die In This Mess was made by Impact Studios at the University of Technology, Sydney - a new audio production house combining academic research and audio storytelling. It is the first episode in a four part series titled ‘The Law’s Way of Knowing’, available for download through the award-winning UTS History Lab podcast.

Katherine Biber receives funding from the Australian Research Council. She serves on the UTS Branch Committee of the NTEU.

Authors: Katherine Biber, Professor of Law, University of Technology Sydney

Read more https://theconversation.com/an-unsent-sms-a-message-on-a-tractor-a-poem-the-courts-say-a-valid-will-can-take-many-forms-128056

Asbestos Removalist Melbourne: What to Expect From a Professional Service

Before the Removal Begins If asbestos is suspected in a property, knowing what to expect from an asbestos removalist Melbourne service can ...

Cash for Cars Melbourne: A Practical Guide to Selling Your Vehicle

Selling an unwanted vehicle can take time when you need to organise advertising, answer enquiries and arrange inspections. Cash for cars M...

Selecting an Industrial Air Compressor for a Processing Facility

Compressed air can be an important utility in many industrial environments, supporting equipment and processes that require a reliable sou...

Tradesman Trailers: What to Look For When Buying a Work Trailer

For electricians, plumbers, builders, landscapers and other professionals, tradesman trailers provide a dedicated way to transport tools, ...

How a WooCommerce Website Designer Can Build a More Practical Online Store

A successful online store should be built around the way a business actually operates. A WooCommerce website designer can begin by consideri...

Why Professional Duct Cleaning Matters for a Cleaner Indoor Environment

A ducted heating or cooling system moves air through a network of return air ducts, individual duct lines and other components. Over time...

Choose the Right Battery Tray and Bash Plates for 4WD Protection

Driving a four-wheel drive on rough tracks can expose important components to rocks, ruts and debris. Preparing a vehicle for these conditio...

Brisbane’s Subdivision Rush Causes Concern Around Strata Survey Delays

To increase the housing supply across Brisbane, Queensland has put sweeping legislative changes into effect. As a result, residential prop...

First Trip to the USA? Phone and Data Tips Before You Board

The first hour in an American airport can be busier than the flight. You might need to book a ride from LAX, message a hotel in Manhattan ...

Caravan Dealers in Sydney and Melbourne Report Fuel Efficiency Back as Top Selling Point

Economic pressures are mounting as fuel prices continue to fluctuate; household budgets have never been tighter. As a result, caravan dealer...

Why a Child's Foot Is Meant to Change Shape as They Grow

Most children under three have flat feet, and most develop an arch by around age six, according to the Royal Children's Hospital in Melbou...

Workplace Safety Essentials Every Australian Employer Should Know

Safety is one of those topics that sends some business owners reaching for the snooze button. It conjures images of thick policy manuals, en...

A Beginner's Guide to Australia's Favourite Asian Comfort Foods

There is a particular kind of Australian childhood memory that involves a fish and chip shop, a paper bag and a deep-fried dim sim with a ge...

Signs Your Relationship Needs More Than Just a Date Night

Date nights get a lot of credit. Book a babysitter, go somewhere nice, put the phones away and reconnect. And for plenty of couples going th...

Flooring Trends Australian Homeowners Are Loving This Year

Floors are the one part of a renovation you walk on every single day, yet they are often the last thing people think about. Paint colours ge...

Ask ChatGPT Who the Best [Your Trade] in Your Area Is. Then Ask Yourself Why It Isn't You.

Your next customer may never see your website. They'll ask an AI, get a short list of names, and pick one. Here's how to find out if you'r...

If Your Labour Hire Provider Isn't Licensed, Guess Who Else Pays the Fine?

Most business owners assume licensing is the provider's problem. In South Australia and several other states, it's theirs too. Here's how to...

Gippsland by Offroad - Victoria's Hidden Gems

New to Gippsland and want to get to know her beauty better? Off-road caravans open up parts of this region, with its stunning landscape and ...

Police Want to "Have a Quick Chat". Here's What a Defence Lawyer Wishes You Knew First.

It usually starts politely: a phone call, a card in the letterbox, an invitation to "come in and clear something up". What you do next mat...

Ever Wondered Why Cosmetic Clinics Are So Careful About What They Say Online?

No prices, no product names, no glowing influencer reviews. If cosmetic clinic marketing has ever felt a little vague, there's a good reas...

Honouring Faith and Family: Understanding Traditional Funeral Rites in Australia

Australia's funerals are as varied as its people. On a single day in any capital city, you might find a Greek Orthodox service with its open...

Instant Tan vs Gradual Tan vs Developing Tan: Which One Suits Which Occasion

Walk into the self tan aisle in any Australian pharmacy and three product categories stare back at you. Instant tan promises colour you ca...

Why Western Sydney Has Become Australia's Most Watched Commercial Property Hotspot

Drive west along the M4 or out towards Badgerys Creek and the change is hard to miss. Paddocks that sat untouched for decades are now dotted...

Planning a Festival Bar That Can Handle a Victorian Crowd

If you’ve ever worked the bar at a Victorian festival, you’ll know the weather isn’t really what gets you. The real crunch comes right aft...

hacklink esim českoHerabetselcuksportstaraftarium24taraftarium24taraftarium24TrBettaraftarium24taraftarium24justin tvvpntaraftarium24free books downloadzlibraryzlibtaraftarium24deneme bonusu veren sitelerDeneme bonusu veren sitelerDeneme bonusucasibomcasibomFanatikbetvdcasinojojobetjustintvbetpipo güncel giriştaraftarium24taraftarium24meritkingjojobetcasinolevantcasinolevantcasinolevantcasinolevantcasinolevantcasinolevantcasinolevantcasinolevanttaraftariumhitbetbetciovipparkjojobetjojobetjojobethacklink panelpadisahbet girisiptvStreamEastgalabet girisjojobetjojobetbetparkstreameastnon gamstopBetimselçuksportsgüvenilir casino sitelerislot sitelerigüvenilir bahis siteleribetim