Can a text message become a will in Queensland

A message on a phone can create a serious estate dispute, but it should not be treated as a reliable substitute for a properly executed will. Brisbane families should distinguish a final testamentary document from notes, wishes and instructions intended for a later appointment.

Updated October 2026

The ordinary rule and the exception

Section 10 of the Succession Act 1981 (Qld) sets the usual execution requirements, including signing and witnessing. Section 18 allows the Court to dispense with execution requirements for a qualifying document where the required testamentary intention is established. The question is not simply whether the message describes what the person wanted. The evidence must support an intention that the particular document operate as the will.

An unsent message accepted in Brisbane

In Re Nichol; Nichol v Nichol [2017] QSC 220, the Supreme Court in Brisbane admitted an unsent text message as an informal will under s 18. The Court examined the message and surrounding evidence, including intention and capacity. The result does not mean that every SMS, email or WeChat message distributing property is a valid will. A draft intended for further consideration can be very different from a settled testamentary document.

Preserve evidence rather than editing it

If an informal document is discovered after death, retain the original device, files, timestamps and surrounding communications. Do not alter, forward selectively or delete potentially relevant material. Tell the proposed executor or estate lawyer about both supporting and inconsistent documents. A typed copy alone may omit information needed to establish authenticity and the document’s significance.

Make the intended plan clear now

Arrange a properly prepared will, with suitable interpretation if English is not your preferred language. Identify Queensland and overseas assets separately and coordinate any Chinese estate documents. Keep the signed original safe and tell the executor where it is held. If your circumstances change, update the will formally instead of relying on a later message to resolve an inconsistency. Careful execution can spare relatives the uncertainty and cost of an informal will application.

Key legislation and cases

Author: Deanna Ding

Last updated: October 2026

Jurisdiction: Queensland, Australia

Disclaimer: This article provides general information only and does not constitute legal, financial or tax advice. The law may change and its application depends on individual circumstances. You should obtain professional advice before acting on the information contained in this article.