Article by Manny Wood published in the Coffs Coast News Of The Area on 6 June 2025.
Peter Smith’s health had been failing over the past few months and after paramedics are called due to complications regarding his blood sugar levels, he composes a “Note” on his smartphone, entitled “Last Will of Peter Smith”.
The document appoints his friend, Ben as his executor and leaves him the bulk of his estate. The document also details smaller gifts to other friends and family members.
Unfortunately, Peter passes-away one week later, leaving an estate worth $10 million.
A few days later, Ben attends Peter’s home to look for a will. He locates a number of legal documents but he does not find a will. Ben later examines Peter’s phone and locates the “Note”.
Ben obtains legal advice to the effect that although Peter’s note was not “executed” as a formal will, if the Court is satisfied that Peter intended the document to form his will, the Court can “dispense” with the formal requirements and grant probate over the note. Ben proceeds with an application to the Supreme Court.
If the note is ruled not to constitute Peter’s will, his older brother Robert is entitled to the whole of Peter’s estate under the rules of intestacy.
Evidence indicates that Peter’s note was written over a period of 8 hours and that it was not opened after it was composed.
Further evidence is adduced, that Peter stated to various witnesses that he did not want his estate to pass to his brother because it would ultimately end up in the hands of his nephew, whom he had not seen in years.
Peter’s housekeeper gives evidence that after the note was composed, Peter stated that he had finalised his will and that his brother only receives a small share.
However, the Court observes that the note was never printed and was not prepared with any legal assistance.
In dismissing Ben’s application, the Court ultimately rules the note to be nothing more than a “work in progress” and Robert receives the whole of Peter’s estate plus legal costs.
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 fictional column is not legal advice.
