100% Locally Owned, Independent and Free

100% Locally Owned, Independent and Free

Business 2 Business column: the mother, the daughter, the dispute and a note

Sponsored Content

Do you have a news tip? Click here to send to our news team.

Illegal e-bikes, e-scooters seized and crushed

Hundreds of illegal e-mobility devices have been seized around Queensland since new laws took effect, with the first confiscated devices crushed and destroyed. The actions More

Mum turns tragedy into hope for others

Three days before her 25-year-old son Jack Delamotte died by suicide, Linda Delamotte had a conversation no mother should ever have to have. Mr Delamotte More

‘Flames, fire and smoke’: new bar opens behind vault door

A speakeasy promising theatrical cocktails and Japanese-inspired touches has opened on the Sunshine Coast. Hid Den, owned by Dean and Jeanelle Mariani, opened on September More

New food relief facility opens to support families

A new multimillion-dollar centre has opened, bringing several services under one roof for people facing food and financial insecurity. The facility will allow The Everyday More

Council outlines new approach for flood-resilient homes

Sunshine Coast Council officers are recommending a new strategy for how homes are built and renovated in areas affected by flooding. The proposal will be More

Kiwis conquer endurance race with 2000 taking part

New Zealand triathletes Hannah Berry and Trent Thorpe have claimed victory at Ironman 70.3 Sunshine Coast. Berry opted to compete in the race, instead of More

In a recent case, the Supreme Court had to determine if a handwritten note constituted the Will of the Deceased.

Broadly, the background was: a. The Deceased died, survived only by one child – her daughter; b. The Deceased and her daughter were very close for many years but fell out over some financial dealings; c. The Deceased, in her earlier Wills, gave her entire estate to her daughter; d. After the falling out, however, the Deceased made a new Will with her solicitor in 2020 – which expressly excluded her daughter; e. Following the Deceased’s death, a note (written by the Deceased about a month before she died) was found in her top bedside drawer.

Some of the wording in the note read “I am changing my Will!” and “I leave the
house and all my money to you …”.

Could it override the 2020 Will done by the solicitor?

The Court found that even though the note was written shortly before the Deceased died, the Court was not satisfied for other reasons, the note constituted the Deceased’s last Will.

It’s another sad (and expensive) example of what can occur if you change your estate plan but don’t formally update your documentation.

Trent Wakerley, Director, Kruger Law, Level 3, Ocean Central, Ocean Street, Maroochydore, 5443 9600, krugerlaw.com.au

This column is part of our Business 2 Business (B2B) series featuring industry leaders sharing their expertise. For more great articles, SUBSCRIBE to our FREE news feed, direct to your inbox daily. All you need to do is enter your name and email below.

Subscribe to SCN’s free daily news email

This field is for validation purposes and should be left unchanged.
This field is hidden when viewing the form
[scn_go_back_button] Return Home
Share