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.

Older Australians reframe ageing through photography

Older Australians are seeing themselves through a new lens – while some are literally behind the camera lens – thanks to a photographic project More

Your say: bulk-billing shortfall, co-op closure and more

Do you have an opinion to share? Submit a Letter to the Editor at Sunshine Coast News via news@sunshinecoastnews.com.au. You must include your name More

Record sale for island home

An island home near the Sunshine Coast fetched a record-breaking $2.65 million at a recent online auction. The property at 24 Stirling Castle Drive, Orchid More

Man charged after alleged armed home invasion

A man has been charged following an alleged armed burglary in the Noosa hinterland. Police allege a man attended a home on Pines Avenue at More

Camping and caravan park hits the market

A Sunshine Coast camping and caravan park with a connection to Australia’s transport history has been listed for sale. No 2001 Old Gympie Road, which More

Main street upgrade set to get underway

Construction on a major upgrade of a hinterland town's CBD is set to start next month. Sunshine Coast Council has appointed Kuluin-based contractor Disc Landscapes 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