A dead man’s unsent text message has been accepted as his official will in Australia, a court has heard.

The 55-year-old indicated in the draft message, written before he took his own life, he wanted to leave all his possessions to his brother and nephew.

“You and [nephew] keep all that I have, house and superannuation, put my ashes in the back garden … A bit of cash behind TV and a bit in the bank … my will,” the message said.

Queensland lawmakers say that for a will to be valid it must be signed in front of two witnesses who are over the age of 18, however the rules were relaxed in 2006 so that less formal documents could be accepted.

The man’s wife argued in Brisbane’s Supreme Court she should be allowed to manage his assets instead as the final message had not actually been sent, ABC Online reports.

However, Justice Susan Brown said: “The reference to his house and superannuation and his specification that the applicant was to take her own things indicates he was aware of the nature and extent of his estate, which was relatively small.”

She said the man’s use of the words “my will” indicated he wanted the text message to count as a legal document.