Digital Wills and Testamentary Intention

Lessons from the NSW Court of Appeal’s $13.6 Million Decision

A recent decision of the NSW Court of Appeal has confirmed that, in exceptional circumstances, a note saved on an iPhone can operate as a legally valid will. While the Court ultimately upheld the deceased’s wishes, the case highlights the significant risks associated with informal estate planning.

The decision in Wheatley v Peak [2025] NSWCA 265 reinforces a simple and critical message. A properly drafted and executed will remains the safest and most effective way to protect an estate.

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