The $10.3 Million “iPhone Will” Case Every Mining and Resources Professional Must Know

Professionals in mining and resources manage risk every day. Safety, operational demands, market forces, and personal financial decisions all require attention and planning. Yet, despite this, many delay the most important risk management task of all. They delay putting in place a valid Will and a proper Estate Plan.

A recent appeal case¹ in New South Wales should serve as a powerful reminder of what can occur when a person dies without a formal Will. The case involved an estate valued at $10,300,000 and turned entirely on whether a note typed on an iPhone was intended to operate as the deceased’s final Will. That decision took more than three years to resolve, involved significant legal costs, and placed enormous emotional pressure on the people left behind. During these years, the beneficiaries were unable to access the funds that were ultimately intended for them.

The facts of the case also highlight that without a proper Will; even wealthy and financially capable individuals can leave their families and beneficiaries in a position of uncertainty. There is a clear lesson for the mining and resources community, where individuals often hold substantial assets, complex share schemes, investment structures, and business interests that depend heavily on clear and valid testamentary instructions.

What the Court Needed to Decide

The deceased had typed a note on his iPhone. If that note was found to be his valid Will, a close friend would receive the majority of the estate, with the deceased’s brother receiving $990,000. If the note was not a valid Will, the brother would inherit the entire estate under the rules of intestacy.

The law requires three elements when considering whether an informal document is a valid Will. First, there must be a document. Second, the document must state the deceased’s testamentary intentions. Both of these requirements were accepted. The real issue was the third requirement, which is whether the deceased intended the iPhone note to operate as his Will.

To make that assessment, courts look closely at the document itself, the way it was prepared, what the deceased said to others at the time, and the surrounding circumstances.

The First Decision: The iPhone Note Was Not a Will

The primary judge decided that the iPhone note was not intended to be the deceased’s final Will. The case was complex and involved extensive evidence, including the content of the note, what happened to the iPhone after the deceased’s death, the role of the solicitor who was also a beneficiary, the near death experience the deceased had on the night he wrote the note, and the many conversations he had with various people, some of whom had an interest in the estate and some who did not.

The primary judge concluded that the iPhone note did not deal with all of the deceased’s assets and was more likely a draft intended to be sent to his solicitor so a formal Will could be finalised. Based on that reasoning, the judge found that the note was not a valid Will.

The Appeal: The Note Was His Will

The matter did not end there. The case proceeded to the Appeal Court, which reached the opposite conclusion. The Appeal Court found that the deceased intended the iPhone note to operate as his Will.

The Appeal Court judges examined the terms of the note and considered it to be written with a sense of finality and formality. The heading, “Last Will of Colin L Peek,” was a strong indication that the document was not simply a draft. The note was dated and set out how the deceased wished to deal with his assets. The Appeal Court held that the terms of the note pointed strongly to the conclusion that the deceased intended the document to operate as his Will without further action on his part.

Both the primary judge and the Appeal Court agreed that the initials “CP” at the end of the note met the definition of a signature. For the Appeal Court, the inclusion of the initials supported the view that the note was intended to operate as the deceased’s final testamentary document.

A significant factor considered by the Appeal Court was the near death experience the deceased had just before writing the note. The Court found that this event had a profound effect on him and contributed to his intention for the note to have immediate legal effect. This helped the Court conclude that he intended the iPhone note to operate as his Will.

A Three-Year Legal Battle

Although the Court ultimately found that the note was a valid Will, this result came only after more than three years of litigation. Considerable money was spent on legal costs. The estate paid for both the trial and the appeal. Throughout this time, the beneficiaries faced uncertainty and stress.

This is the unfortunate reality when an informal document is relied upon, regardless of the eventual outcome. The law will do its best to give effect to a person’s final intentions, but doing so often requires lengthy and expensive proceedings.

A Cautionary Message for Mining and Resources Professionals

The mining and resources sector includes individuals with substantial incomes, property interests, employee share schemes, superannuation balances, equity allocations, and complex financial arrangements. Many of these assets require specific instructions in a Will or an Estate Plan to ensure they transfer in the way intended. Delays or informal arrangements can create unintended consequences for spouses, children, parents, business partners, or nominated beneficiaries.

The rules of intestacy rarely reflect the way professionals intend to leave their estate. In some cases, they force the sale of property or other assets. In others, they create tax problems or disputes between family members. In high value estates, such as those common among mining executives and professionals, these risks are amplified.

The recent iPhone Will case is a reminder that people often have strong intentions about what should occur after their death yet postpone formalising those intentions. The result can be years of litigation, uncertainty, and expense that could easily have been avoided.

The Importance of a Proper Estate Plan

It is understandable that many people do not enjoy thinking about their own death. However, not dealing with the issue can create significant consequences for the people who matter most. A professionally drafted and legally sound Will remains the most important way to ensure that your wishes are followed.

The best approach is simple. Speak with a lawyer who specialises in estate planning, ideally one who understands your industry and the nuances that come with your personal and financial circumstances. Discuss your financial position with a trusted financial adviser. Put in place a complete Estate Plan that clearly states how your assets should be managed, protected, and distributed. For those in mining and resources, this may also include understanding trust structures and asset protection strategies, as outlined in our recent article Trust Structures Every Mining and Resources Professional Should Know, as well as recognising the risks associated with informal or non‑traditional Will arrangements, including Verbal or Video Wills.

This will safeguard your intentions, protect your beneficiaries, and avoid the unnecessary risks that arise from incomplete or informal arrangements.

Estate planning is not only for those with significant wealth. It is an essential process for anyone who wants to protect their family and ensure their wishes are honoured. Reviewing your Will now means your intentions are documented, your assets are safeguarded, and your loved ones are not left with avoidable complications.

If your Will has not been updated for some time, now is the ideal moment to address it.

For further information or to discuss your Estate Plan, please contact Robert Lamb on +61 (0) 7 3007 2000 or email contact@resourcesunearthed.com.au.