In the recent NSW Supreme Court decision of Peek v Wheatley [2025] NSWSC 55, the court was asked to determine whether an informal document in the ‘Notes’ application on an iPhone could constitute a valid will under the Succession Act 2006 (NSW) (‘Succession Act’).
The primary issue was whether the ‘Note’ indicated a final intention to be used as a will and have immediate legal effect, or whether the Note was simply a draft that the deceased intended to give legal effect at a later date. [...]
