Beneficiary of the doubt

Published in Coffs Coast News of the Area on 18 September 2026.

Arthur owned the Seaside Hotel for more than forty years and remained involved into his nineties. His son, Daniel, had little involvement with the hotel.

Later in life, Arthur met Helen. She moved into the apartment above the hotel, helped with the business and cared for Arthur as his health declined.

As Arthur grew older, he made plans for Helen’s future. He renovated the apartment and arranged for Helen to continue living there and running the Seaside after he was gone.

Soon after, Arthur updated his Will, leaving the Seaside to Helen and the remainder of his estate to Daniel.

Rather than seeing a solicitor, Arthur asked his friend Frank, a retired accountant, to prepare the Will.

Frank arrived with the Will ready for signature. Arthur read it and confirmed it reflected his wishes. With Frank acting as one witness, Arthur called Helen over to act as the other, and the three signed.

Nobody gave Helen’s involvement another thought.

After Arthur died, Helen took the Will to a solicitor to administer his estate. The solicitor noticed Helen had signed as a witness.

As a beneficiary, this created a problem. A beneficiary who witnesses a Will risks losing their gift, a safeguard against someone influencing a Will from which they stand to benefit.

If Helen’s gift failed, the Seaside would fall into the reside of Arthur’s estate and pass to Daniel.

Daniel argued the gift to Helen was void and that he was entitled to the hotel.

Helen applied to the Court.

Friends and business associates gave evidence that Arthur had expressed his intention for Helen to inherit the Seaside. His renovations and plans for Helen to continue running the hotel supported this.

The Court was satisfied that Arthur 'knew and approved' of the gift and had made it freely and voluntarily.

Helen’s gift was held not void despite witnessing the Will and the Seaside remained with her.

Thank you to Ellysha Laklem for her assistance with this column.

If you have a request for a Hypothetical, call Manny Wood on (02) 66 487 487 or email [email protected].

This fictional column is not legal advice.