Can a Note on Your iPhone Count as a Will? What the NSW Court Says About Valid Wills

A recent NSW Supreme Court case asked whether a will written in the Notes app of an iPhone was legally valid.

The note, titled “the last will of Colin Peek”, included instructions about who should inherit and even named an executor. But the court ruled it was not a valid will. Why? Because it looked more like a draft than the person’s final instructions.

This case makes one thing clear: don’t write your will in the Notes app on your phone.

Why the iPhone “Will” Went to Court

In Peek v Wheatley [2025] NSWSC 554, the court had to decide if an iPhone note counted as a legal will.

The judge agreed the note showed some of the deceased’s wishes, but found it was never intended to be the final document. Without that intent, the note could not be accepted as a valid will.

You can read a case summary, or the full decision on NSW Caselaw.

What Makes a Will Legally Valid in NSW?

1. Be in writing (typed or handwritten)
2. Be signed by the will-maker
3. Be signed in the presence of two witnesses at the same time (who must also sign in each other’s presence)
4. Be made by someone 18 years or older (unless married or with court approval)
5. Be made by someone of sound mind, memory, and understanding

These rules exist to protect your wishes and reduce the chance of disputes. For full NSW requirements and how to create your Will in NSW, see our Online Wills NSW page and how to make a Will in NSW.

Can You Make a Will Online in Australia?

Yes — and more Australians are doing so every year. Online Wills are legally valid in Australia when properly executed and witnessed. Online will platforms like Will Hero make the process simple, guided, and affordable compared to traditional legal services.

But here’s the important part: Even if you create your will online, to make it legally valid you must still:

✓ Print it out
✓ Sign it
✓ Have two witnesses sign at the same time

That’s what makes your will legally binding.

What About “Informal Wills”?

Sometimes courts can accept documents that don’t meet the full requirements. These are called informal wills, and they must tick three boxes:

• A document exists
• It clearly expresses the person’s testamentary wishes
• The person intended it to be their final will

In the iPhone case, the note failed the third box. It was treated as a draft, not a binding will. In NSW, the Succession Act 2006 (s.8) allows courts in limited circumstances to accept documents that don’t meet the usual formalities — but as this case shows, the bar is high and the process is costly. Other states have their own rules (e.g. Queensland s.18 Succession Act 1981). For more, see our guides on handwritten Wills and whether online Wills are legal in Australia.

Why You Shouldn’t Rely on Drafts or Phone Notes

If you rely on informal notes, text messages, or half-finished drafts, you risk:

❌ Costly and stressful court battles
❌ Long delays in distributing your estate
❌ Family disputes over what you “really meant”
❌ The possibility your wishes won’t be followed at all

The Safe Way to Make a Valid Will

✓ Create your will using a proper platform like Will Hero or through a lawyer
✓ Follow the legal signing rules
✓ Store your will somewhere safe and accessible
✓ Update it whenever your circumstances change

The Bottom Line

A phone note is not a will.

An online will can be valid — and platforms like Will Hero make it easier than ever — but only if you follow the legal requirements: print it, sign it, and have two witnesses present. If you’re in NSW, see our Online Wills NSW page to get started.

Start your will today with Will Hero

Start Your Will Now