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.

Declaration sets stage for up to 12,000 homes

A new Priority Development Area (PDA) has been declared to streamline planning for a large community on the Sunshine Coast. The Halls Creek PDA encompasses More

Fresh plans flagged for key site in town centre

A revised development proposal is expected for a prominent vacant site after plans for a larger project failed to gain approval. A group is preparing More

Longstanding cinema complex for sale

One of the region’s most recognisable entertainment destinations has been listed for sale, with strong interest expected from investors. The Noosa Cinema Complex is expected More

‘Amazed we survived’: organisation finds new home

A Sunshine Coast charity and social enterprise has made a vital move after a challenging period. Golf Programs Australia Incorporated, which uses golf to support More

Bank goes against grain with $2m upgrade of branch

A major bank has reinforced its commitment to a Sunshine Coast town and face-to-face services by unveiling a renovated branch. CommBank has undertaken a $2 More

World-leading turtle rescue efforts recognised

A Sunshine Coast aquarium has been recognised as a global leader in sea turtle conservation following a significant year of rescue and rehabilitation work. SEA 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