12th February, 2026
A recent NSW Court of Appeal case highlights the risks of informal Wills and DIY estate planning. In late 2025, the Court of Appeal considered the matter of Brad Anthony Wheatley v Ronald William Peek [2025] NSWCA 265. In that case, a 79‑year‑old man drafted a note on his iPhone indicating how his estate should be divided shortly after a serious illness.
Initially, a judge found the iPhone note did not qualify as a valid informal Will. However, the Court of Appeal ultimately held that the note did reflect the deceased’s final intentions and admitted it to probate. The case involved assets of around $13 million and resulted in complex litigation.
For full details of the decision, see the NSW Court of Appeal link here:
🔗 Decision: Brad Anthony Wheatley v Ronald William Peek [2025] NSWCA 265
Why Informal Wills Cause Problems
This case shows how informal documents can create uncertainty for families and executors. Although the Court admitted the iPhone note, the estate still faced over three years of dispute and expense. Informal notes, texts, and digital documents often lack the formal requirements that protect your wishes from being challenged.
Moreover, this matter raised concerns about conflicts of interest. The deceased’s solicitor was both a witness and a beneficiary, which posed risks to the administration of justice. Such issues can be avoided with clear, professionally drafted wills.
Key Takeaways for Estate Planning
First, formal Wills provide certainty. A professionally prepared Will meets legal standards and reduces the likelihood of disputes. Second, reviewing your Will after major life events -such as illness, marriage, separation, or changes in assets – ensures it still reflects your intentions.
Third, appointment decisions matter. Selecting executors and beneficiaries without unexpected conflicts helps protect your estate. Finally, engaging expert advice early can save time, money, and stress for your loved ones.
Protecting Your Future with Proper Planning
Cases like Brad Anthony Wheatley v Ronald William Peek [2025] NSWCA 265 remind us that DIY estate planning carries risks. While modern technology is convenient, your estate plan should not rely on informal digital notes. Planning with a solicitor ensures your wishes are legally binding and clear.
Castrikum Adams Legal specialises in Wills tailored to your needs in Byron Bay, Ballina, Lismore, Bangalow, Mullumbimby and Murwillumbah. Our team guides you through the process, so your intentions are protected.
If you’d like help reviewing or preparing your estate plan, contact us today on 66 871 167 for trusted legal support.
Disclaimer: The cases referenced in this blog are publicly available information and are not matters on which our firm has worked or provided representation for. This content is intended for general informational purposes only and does not constitute as legal advice.
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The content of this Blog does not constitute legal advice, is not intended to be a substitute for legal advice and should not be relied upon as such. You should seek legal advice or other professional advice in relation to any specific matters you or your organisation may have.