Scenario of a Recent Case 

Mr X was a successful restaurateur. He owned properties in Paddington, Queens Park and Surry Hills. Mr X was one of eight children. He and two of his brothers owned a chain of acclaimed restaurants. The brothers shared a superannuation fund and some joint bank accounts. Their partnership was worth $3.2 million when Mr X sadly took his own life in 2010. No will could be found.

It was discovered that on his laptop computer there was a document entitled “Will.doc”. Mr X’s parents and his brothers went to Court over whether “Will.doc” was a legal will.

In some circumstances a Court can declare a document to be a valid will even though it does not meet the requirements of one. In Mr X’s case the Judge decided that “Will.doc” did express his “testamentary intentions”.

The Judge considered comments Mr X had made to co-workers and family members about “Will.doc”.

A technical examination of the laptop indicated that no one other than Mr X had accessed the document. The Judge ruled that “Will.doc” was valid even though it was not signed or even printed out.

So why bother with a will?

Well the problem with an informal will is:

1. they create potential for uncertainty,

2. your wishes may not be carried out with what you intended;

3. delays,

4. bitter disputes between beneficiaries,

5. legal costs involved and;

6. the time and effort to which the potential beneficiaries must go to try to get justice. 

Informal wills are much easier to challenge and the cost of court proceedings will often fall back onto your loved ones, just like in this case.

If you have any questions about the validity of your will or are interested in making a valid will, call us here at Fox & Staniland to speak to one of our Estate Planning lawyers.