Published in the Coffs Coast Advocate on 25 April 2015
At Jim’s death, he owned two properties in Coffs Harbour and also had a large bank account.
Jim’s sister, Jane seeks advice from a solicitor regarding whether the handwritten notes can constitute a will and whether the notes revoke Jim’s 1994 will.
Jane is advised that a valid will is only made if it is signed by the will-maker as well as two witnesses. She is also advised however, that in some circumstances, a court has the power to declare “informal” documents as constituting a valid will if it is satisfied that there was an “intention” to form a will.
Jane decides to apply to the court for a declaration that the notes constitute a will.
The court hears evidence that Jim had talked about his intention to leave a larger sum of money to his sister.
The court also considered the fact that Jim was not a lawyer or a businessman and was likely unaware of the technical requirements of making a valid will.
The court found that the handwritten notes were not simply a means of recording Jim’s wishes in draft form, nor were they merely an aide memoir.
The court ultimately found that the handwritten notes were sufficient to constitute an informal will and accordingly granted Jane’s application.
The substantial costs involved in the application could have been avoided if Jim had made a formal will with a solicitor, at relatively minimal cost.
