You might recall my previous article 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 – Colin’s only surviving relative.
The Trial Judge that 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.
Another costly dispute that could have been avoided…