Can a Note on Your Phone Be a Will? Supreme Court Says No in This Case

In a recent Supreme Court decision (Peek v Wheatley [2025] NSWSC 554), the Court considered whether a document titled "Last Will of Colin L Peek" found in the Notes app of an iPhone could be admitted to probate as an informal will under section 8 of the' Succession Act 2006 (NSW).

While the document expressed testamentary intentions and included formal features (such as a heading and apparent signature), the Court was ultimately not satisfied that the deceased intended the note to operate as his will without further action. It found the document lacked the necessary finality and intention to have immediate legal effect. The case turned on detailed factual analysis, including the circumstances in which the note was created, the deceased's past conduct, and his understanding of the formal requirements for a valid will. Hunt & Hunt was pleased to act for the successful party, with the matter led by' Anthea Tronson from our estate litigation team. Anthea's careful handling of the proceedings and deep expertise in succession law were instrumental in achieving a positive outcome for our client.'  The decision is currently subject to appeal. This case is a timely reminder of the importance of formalising testamentary wishes with the guidance of a legal professional. Informal documents can create uncertainty and lead to costly disputes'€”especially where significant estates are involved. If you or your clients need advice on wills, probate, or estate litigation, our team is here to assist.