In May 2025, the New South Wales Supreme Court handed down a decision that highlights the risks of relying on informal or digital notes as a person’s last will.
The Facts
Colin Peek, a successful businessman with an estate worth around $13.6 million, left a note on his iPhone titled “Last Will of Colin L. Peek.” In that note, he left the majority of his wealth to a close friend, Mr Wheatley, and appointed him as executor, he left a smaller gift to his brother, and the rest of his estate was to be divided between friends including 5% to his solicitor, Mr Dawson.
After his death, Mr Peek’s brother, as Mr Peek’s only living sibling, commenced proceedings in the Supreme Court of New South Wales, seeking an order for a Grant of Letters of Administration on the basis that he was entitled to the whole of Mr Peek’s estate under intestacy.
Mr Peek was not survived by a spouse, child or parent.
Mr Wheatley also commenced court proceedings seeking declarations that the note was valid and forms the Will of the Mr Peek (denying that the Mr Peek died in intestate).
The Court refused to accept the iPhone note to probate. Some of the matters raised by Justice Richmond are as follows:
- The note had elements pointing both for and against the existence of the requisite intention and he stated that this made it important to have regard to the wider context in which the Note was created.
- The lack of an explanation for why Mr Peek did not tell Mr Dawson or Mr Wheatley about the Note.
- Further matters were raised as to whether the Court had the full picture as to the contents of Mr Peek’s iPhone.
- The court had difficulty accepting the reliability of the evidence of Mr Dawson when he acted as a solicitor in the proceedings and prepared all the evidence for the defendant despite his conflict of interest and duty to the court.
Conclusion:
- Justice Richmond was not satisfied that Mr Peek intended that the Note, without more on his part, to have present operation as his will.
As a result, the note was not accepted as Mr Peek’s will.
This case is a cautionary tale. While technology is changing how we communicate, the law remains strict about what constitutes a valid will. Courts may accept informal or electronic documents in some cases, but only where there is clear evidence of intention for the document to operate as a Will.
Key Takeaways for Estate Planning
- Drafting a will in your phone’s Notes app is risky – without clarity and formal execution, it may not stand up in court.
- It is important for a Will to be prepared (and regularly updated) with legal guidance to avoid uncertainty and disputes.
- Proper formalities protect your estate and ensure your wishes are honoured.
At August & Claire Lawyers we assist clients in preparing robust Wills which minimises the risk of a Will Challenge.