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Mothers death bed regret falls short of a valid will

Many an attempt to make what appears to be a will unconventionally or informally falls short of a valid will because it does not meet minimum legal requirements. Unfortunately this was the case in relation to the estate of Erika Kaegi-Fluri who – when she died – was survived by her only daughter, Juliana Wool. In her first will made in December 2013, she left the whole of her estate to Juliana. Juliana and her husband had a tumultuous falling out with Erika in 2017 – that lead them to sue her – over the financial arrangements they had made for Erika to reside with them in Cairns. The ensuing litigation eventually resolved, but not the disaffection that it brought. Erika moved back to Mackay to live out her days quietly in a retirement village. She made a new will in 2018 and a further final will in 2020.  Juliana’s name appeared nowhere as beneficiary in either document both of which were accompanied by a statement of Erika’s reasons for leaving no benefit to her daughter. The last will bequeathed the estate in one-third shares to the RSPCA and two friends, Micael Johannsson and Adam Anderson. Shortly after Erika’s death in July 2022 in Mackay, Charles Marino – her executor – applied for it to be admitted to probate. Julia intervened however, claiming there was a subsequent will. A note had been found in Erika’s bedside drawer.  The note appeared to state Erika’s testamentary intentions, leaving her estate to Juliana.  English was not Erika’s first language, but the intention seemed quite clear. The note read: “DEAR JULIANA I AM CHANGING MY WILL! KIM ADAM AND MICAEL HAVE ABANDEND ME.  RSPCA LET ME DOWN. I LEAVE THE HOUSE AND ALL MY MONEY TO YOU JULIANA. I GO TO HOSPITAL NOW.  WHEN I GET BETTER I MAKE A NEW WILL WITH A LAWYER.  NO MONEY MUST BE PAID TO RSPCA, MICAEL OR KIM AND ADAM.  I CANCEL THE CAIRNS WILL SORRY MY HANDS GETTING SORE. I LOVE YOU VERY MUCH YOU ARE MY ONLY DAUGHTER YOU ARE ALL I HAVE NOW. I WRITE THIS LETTER IN CASE SOMETHING HAPPEN TO ME.  SORRY I AM VERRY TIRED. I CONTACT YOU FROM HOSPITAL. I LOVE YOU MORE THAN ANYTHING IN THE WORD!  YOUR MOTHER, […Erika’s signature…] Mackay 6.6.2022” The note appeared to be an informal will, and so Juliana asked the Supreme Court to admit the note to probate as Erika’s last will. To prove the note as a valid informal will, Juliana needed to be able to convince a judge that the document embodied her mother’s testamentary intentions and by some act or words, had demonstrated it was to operate as her will of itself. The matter came before Justice James Henry in the Supreme Court of Queensland at Cairns. The judge was troubled by evidence that Erika may have had undiagnosed dementia; her health issues just prior to going to hospital may have affected her mental capacity to make a will; and Erika was emotions could fluctuate with her mood. He concluded that the note “at best provides some support for an inference Erika intended it to operate her will”. That said, “it provides at least equally strong support for the inference Erika merely intended the note to inform her daughter of her regret and change of heart and her plan to reflect that by making a new will”. Juliana failed in her attempt to have the note declared to be a valid informal will. Despite that, Juliana’s cause is not entirely lost as she has a pending family provision claim contesting her exclusion from the 2020 will, which her mother’s note will likely go a long way to support. Wool v Marino [2024] QSC 89 Henry J, 14 May 2024 Mother’s death bed regret falls short of a valid will published first on https://qldestatelawyers.com.au/probate-lawyers/

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Mother’s death bed regret falls short of a valid will

Many an attempt to make what appears to be a will unconventionally or informally falls short of a valid will because it does not meet minimum legal requirements. Unfortunately this was the case in relation to the estate of Erika Kaegi-Fluri who – when she died – was survived by her only daughter, Juliana Wool. In her first will made in December 2013, she left the whole of her estate to…

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Armchair notepad memo ruled to be a valid will just

Valid wills can be made in unconventional and informal ways even by video, notepad memo or even on the back of an envelope. That said, the risks of departing from the strict requirements of a formal will are enormous and the expense to which an estate can be put to prove validity, equally huge. Consider the case of Ken Young who died in August 2022 – at age 85 – without any known will.  Ken was divorced, had no children and his closest relatives were his niece and two nephews. After his death, niece Anthea located a notebook on his armchair in which he regularly made notes. Three pages of his notebook contained instructions that read like a will and were headed “Consider this my will”. The pages contained instructions for the distribution of all of his possessions and money which was all to go to Anthea.  He also specifically noted – with reasons for this decision – that he did not want any benefit to go to his nephews. To get the benefits the pages appeared to bestow upon her, Anthea needed to convince a judge that the document – which was not signed with usual formalities of a formal will – purported to state Kenneth’s testamentary intentions. Ken had signed each of the 3 notebook pages – exactly when was unknown – but there has been no witness to his signature. If the notepad was held not to be a valid will, Ken’s estate would pass according to the laws of intestacy in equal shares between Anthea and Ken’s nephews. Naturally the nephews were given notice of Anthea’s application to the court but did not contest her claim the NSW Supreme Court. Anthea was able to convince Chief Justice in Equity David Hammerschlag that the notepad was indeed an informal will because the notepad pages had been written and signed by Ken and showed he intended the notes to form his will by the use of the introductory words, “Consider this my will”. Further, the pages gave testamentary instructions, namely to give his estate to Anthea and to exclude his nephews. Informal notes can be declared valid, but the process of having them declared to be lawful is fraught with uncertainty. Professionally drafted wills the anxiety and cost of court applications that are necessary to determine the legitimacy of something done informally. The Estate of Young [2024] NSWSC 569 Hammerschlag CJ in Eq, 10 May 2024 Read case Armchair notepad memo ruled to be a valid will, just published first on https://qldestatelawyers.com.au/probate-lawyers/

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Armchair notepad memo ruled to be a valid will, just

Valid wills can be made in unconventional and informal ways even by video, notepad memo or even on the back of an envelope. That said, the risks of departing from the strict requirements of a formal will are enormous and the expense to which an estate can be put to prove validity, equally huge. Consider the case of Ken Young who died in August 2022 – at age 85 – without any known will.  Ken was…

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Disinherited step-children have modest win after tragic rupture

Can a parent successfully disinherit children or step-children who allege sexual abuse against them, a crime of which they are subsequently acquitted by a court? Adam Fornari died on 13 August 2022, aged 58. His assets – the net value of which was just in excess of $1,000,000 – consisted in the main, of two farm blocks of 670 acres near Mudgee in New South Wales. He had been in a 20 year…

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Probate Lawyers

At QLD Estate Lawyers, we have a team of experienced probate lawyers on hand and ready to answer all your questions. As a commonly used term during estate administration is it important you understand and what it means. Our expert and friendly Probate Lawyers are here to guide you through this difficult time and ensure you are well informed during the proceedings.

#Probate Lawyers Brisbane #Estate Administration Queensland #Will Dispute Lawyers QLD #Executor Services Brisbane #Grant of Probate Assistance Brisbane #Will Validation Legal Services #Estate Assets Management QLD #Probate Law Queensland #Brisbane Estate Planning Lawyers #Inheritance Law Firm Brisbane