Informal Wills: What Are They and What Do They Mean?

When most people think of a will, they imagine a formal document written and signed in front of witnesses, carefully prepared by a lawyer. However, not every will looks like this. In fact, under Queensland law, a will doesn’t always need to meet strict formalities to be valid. These are known as informal wills and can take some surprising forms.

But what exactly is an informal will, and how does it work?

What Is an Informal Will?

An informal will is a document that expresses a person’s wishes for what should happen to their assets after they die, but it doesn’t meet all the legal requirements of a formal will. For example, it may not be properly signed or witnessed, or it may be in an unusual form, such as a letter, a note, or even an electronic message.

While informal wills may not follow the traditional rules, they can still be recognised as valid in certain circumstances. This is possible because of Section 18 of the Succession Act 1981 (Qld), which gives courts the power to accept informal wills if it can be proven that the deceased person intended the document to be their will.

How Are Informal Wills Accepted?

For an informal will to be accepted by a court, three key things need to be proven:

1. The Document Must Exist
   The court needs to see the actual document, whether it’s written on paper or saved in an electronic format. This could include anything from a handwritten note to a saved file on a computer.
   
2. It Must Express the Person’s Wishes
   The document must show what the person wanted to happen to their assets after they died. This could include instructions on how their property should be distributed or who they want to look after their children.
   
3. It Must Be Clear That They Intended It to Be Their Will
   The person must have meant for the document to act as their official will, even if it wasn’t formally written up by a lawyer or signed in front of witnesses.
   

If the court is satisfied that these three points are true, they can accept the informal document as a valid will.

Some Surprising Examples of Informal Wills

While it may sound unusual, informal wills can take many different forms. Here are some examples from real cases:

1. Text Messages
   In one Queensland case, a man who tragically took his own life left an unsent text message on his phone stating who should receive his property. Even though the message was never sent and was not signed or witnessed, the court accepted it as a valid will because it was clear that the man intended it to express his final wishes.
   
2. IPhone Notes
   In another case, a man wrote his will on his iPhone’s Notes app. Despite the lack of formality—no signature, no witnesses—the court still accepted it, as it was found that he intended the note to be his will.
   
3. Writing on a Wall
   One of the more unique examples comes from a South Australian case in which a dying man wrote his will on a wall near his deathbed. The court ruled that this, too, could be accepted as a valid informal will.
   

Why Do Informal Wills Matter?

Informal wills matter because they help ensure that a person’s final wishes are respected, even if they didn’t manage to create a formal will before they passed away. This can be especially important in unexpected or tragic situations where a person doesn’t have time to prepare a legally perfect will.

However, because informal wills often lead to court involvement, they can create extra challenges for family members and loved ones, who may need to prove that the document was meant to be the deceased’s final will. This can result in delays and added legal costs.

While informal wills can be unconventional, they are essential in ensuring people’s wishes are respected when they die. From unsent text messages to handwritten notes, informal wills come in many shapes and forms. If you think you might need to rely on an informal will or are unsure whether a document is valid, it’s a good idea to seek legal advice to help navigate the process.