A dead man’s unsent text message leaving his home and pension to his brother rather than his wife and son and signed off with a smiley-face emoji has been ruled a legitimate will by an Australian court.
The draft message, addressed to the man’s brother, was found on his cellphone after he took his own life in October last year, aged 55.
“The informal nature of the text does not exclude it from being sufficient to represent the deceased’s testamentary intentions,” Justice Susan Brown said when handing down her decision at the Brisbane Supreme Court.
The unsent text released by the court described how the man had become disgruntled with his wife.
“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,” it read.
The message provided the man’s bank account details and was signed off “My will,” followed by the emoji.
The man’s wife said that it could not be accepted as a will since the message was never sent, but the court on Monday found that the wording of the text indicated the man’s intent to have it included in his will.
“The reference to his house and superannuation and his specification that the [wife] was to take her own things indicates he was aware of the nature and extent of his estate, which was relatively small,” Brown said.
The court said the deceased did not have any real contact with his son and a “rocky” relationship with his wife, although they did in the past enjoy “happier times.”
Despite the ruling, the judge found that the man’s wife could make a further application for the estate under family law.
‘IN A DIFFERENT PLACE’: The envoy first visited Shanghai, where he attended a Chinese basketball playoff match, and is to meet top officials in Beijing tomorrow US Secretary of State Antony Blinken yesterday arrived in China on his second visit in a year as the US ramps up pressure on its rival over its support for Russia while also seeking to manage tensions with Beijing. The US diplomat tomorrow is to meet China’s top brass in Beijing, where he is also expected to plead for restraint as Taiwan inaugurates president-elect William Lai (賴清德), and to raise US concerns on Chinese trade practices. However, Blinken is also seeking to stabilize ties, with tensions between the world’s two largest economies easing since his previous visit in June last year. At the
Nearly half of China’s major cities are suffering “moderate to severe” levels of subsidence, putting millions of people at risk of flooding, especially as sea levels rise, according to a study of nationwide satellite data released yesterday. The authors of the paper, published by the journal Science, found that 45 percent of China’s urban land was sinking faster than 3mm per year, with 16 percent at more than 10mm per year, driven not only by declining water tables, but also the sheer weight of the built environment. With China’s urban population already in excess of 900 million people, “even a small portion
UNSETTLING IMAGES: The scene took place in front of TV crews covering the Trump trial, with a CNN anchor calling it an ‘emotional and unbelievably disturbing moment’ A man who doused himself in an accelerant and set himself on fire outside the courthouse where former US president Donald Trump is on trial has died, police said yesterday. The New York City Police Department (NYPD) said the man was declared dead by staff at an area hospital. The man was in Collect Pond Park at about 1:30pm on Friday when he took out pamphlets espousing conspiracy theories, tossed them around, then doused himself in an accelerant and set himself on fire, officials and witnesses said. A large number of police officers were nearby when it happened. Some officers and bystanders rushed
Beijing is continuing to commit genocide and crimes against humanity against Uyghurs and other Muslim minorities in its western Xinjiang province, U.S. Secretary of State Antony Blinken said in a report published on Monday, ahead of his planned visit to China this week. The State Department’s annual human rights report, which documents abuses recorded all over the world during the previous calendar year, repeated language from previous years on the treatment of Muslims in Xinjiang, but the publication raises the issue ahead of delicate talks, including on the war in Ukraine and global trade, between the top U.S. diplomat and Chinese