You might recall my article in June 2025 about whether a digital note saved on an iPhone by a Mr Colin Peek – a multi-millionaire – was his will.
If it was his will, Colin’s estate would be received by a long-term friend, his cleaner and his long-term solicitor.
If it was not his will, Colin’s estate would be received by his brother, his only surviving relative.
The trial judge who first heard the matter wasn’t satisfied the note was intended by Colin to be his will and ruled that Colin’s estate be received by his brother.
In December 2025, the Court of Appeal delivered a completely different result.
It accepted that the digital note did clearly express Colin’s final wishes and that he did intend it to operate as his will – even though it was never signed or witnessed.
Other factors relevant were that: the digital note was made just days before Colin’s death, shortly after a near-fatal medical episode; the note was headed ‘Last Will of Colin L Peek’; and Colin told his cleaner he had made a will.
It was another costly dispute, which could have been avoided.
Trent Wakerley, director, Wakerley Legal, Level 3, Ocean Central, 2 Ocean Street, Maroochydore, 5443 9600, wakerleylegal.com.au
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