Article by Manny Wood published in the Coffs Coast News Of The Area on 7 July 2023.
Robert is the sole owner of a successful cattle farm. He is not in a relationship and has no children.
Helen is a friend of Robert’s. She lives on the farm and although she does not pay board, she assists Robert in various aspects of running the farm.
Robert makes a homemade will, leaving the farm to Helen together with his livestock, plant and equipment and his other personal effects.
His will then states that in the event that Helen suffers from ill health or for any other reason wishes to leave the farm, that the farm is left to his niece, Penny.
The will contains many spelling mistakes and punctuation errors and in some respects resembles a “stream of consciousness”.
Unfortunately, Robert passes-away and shortly thereafter Helen vacates the property.
Helen’s interpretation of the will is that she is given the farm out-right and she lists the farm with a local real estate agent.
Penny commences action in the Supreme Court, seeking an order that on the proper “construction” of the will, she is now entitled to become the sole owner of the farm.
After a hearing, the Supreme Court judge delivers a 25-page judgement, ultimately ordering that Penny is entitled to the farm.
The Judge orders that the legal costs of all concerned, are payable out of Robert’s estate.
If Robert had received proper legal advice and retained a competent solicitor to draft a will for him, his estate would have saved tens of thousands of dollars.
It is important to note that the relatively recent advent of online will making platforms are often little more than electronic versions of homemade wills which have the potential to lead to similar problems which may include the misdescription of assets, a misunderstanding of the legal principles involved and to mistakes regarding the due execution of the will.
Email Manny Wood, Principal Solicitor and Accredited Specialist in Wills and Estates at TB Law at manny@tblaw.net.au or call him on (02) 66 487 487. This column is only accurate at today’s date and cannot be relied upon as legal advice.
