UNSENT TEXT MESSAGE = WILL

Christine Smyth

Christine Smyth spoke with ABC discussing the issues raised by the sad decision of Re Nichol; Nichol v Nichol & Anor [2017] QSC 220.

Her Honour Justice Brown skilfully navigated the complex and difficult legal aspects of testamentary wishes tapped out in an unsent text message. I discussed the difficulties of technology intersecting with the law. It is critical that we all turn our minds to getting a will on turning 18 and regularly reviewing it – most importantly getting legal advice about our affairs.  Wills can be very simple documents, the complexity is in our financial affairs and our personal relationships. Digital assets, international assets, dual citizenships, second and subsequent families are amongst the few aspect that make for a complex legal matrix in determining our testamentary wishes. Without legal advice, cases like this demonstrate the cost, both emotionally and financially, of having to have a court making these determinations.

Listen here.