Something as simple as making and saving a note in your phone could have major legal repercussions if it is deemed an “informal Will”, as the RMB Wills & Estates & Disputed Wills Division explains.
Disputes over so-called “informal Wills” are increasingly common in contested Estate matters.
Recent media reports highlighted the Supreme Court case Peek v Wheatley [2025] NSWSC 554 involving Peter Dawson, brother of Chris Dawson of “The Teacher’s Pet” fame. The Dawson in this matter was involved in a legal dispute over the estate of his late friend and former client, Colin Peek.
The Court was asked to consider 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).
This case highlights the critical importance of formalising testamentary wishes with a legal professional, as relying on informal documents can introduce significant uncertainty and potentially lead to costly disputes.
Dawson, a solicitor, acted on behalf of Brad Wheatley, another friend of Peek, who filed a petition with the NSW Supreme Court seeking to have the iPhone note recognised as Peek’s last Will.
If the court ruled in Wheatley’s favour, he would have inherited the majority of the estate worth an estimated $15 million. Dawson was also listed as a beneficiary in the note.
Peek’s family opposed the application, arguing Peek never intended for the note to function as a Will.
The outcome hinged on a thorough analysis of the facts, including the context in which the note was created, the deceased’s previous conduct, and his understanding of what is required for a document to be recognised as a valid Will.
While the note contained testamentary intentions and included formal features such as a heading and apparent signature, the Court was ultimately not persuaded that the deceased intended for it to operate as his Will without further action. It found the document lacked sufficient finality and the necessary intent to have immediate legal effect.
However, in certain cases informal documents can be recognised as Wills if it can be shown that the maker intended them to operate as such, without additional evidence.
Creating “Will-like” documents, whether electronic or physical, can have serious ramifications for your loved ones when it comes to estate administration, including costs. A professionally drafted Will that complies with legal formalities is a wise investment to ensure your intentions are clear. Your first step should be to contact our office to arrange a consultation. You can contact us by by phone or our 'Ask a Question' tool on our website.