Buy cheap, pay dear

Published in the Coffs Coast News Of The Area on 28 February 2025.

Wendy makes a new will with the assistance of a solicitor. The “simple” will leaves the whole of her estate to six of her favourite nieces and nephews. The will is properly executed in the presence of two independent witnesses.

Years later, Wendy’s relationship with another one of her nieces improves and Wendy decides to include her as a beneficiary under her will.

To save money, Wendy attends her solicitor’s office and asks for the release of her original will. After its release from safe custody, Wendy returns home and she makes a hand amendment to the original will by adding her niece’s name. She initials the amendment but no one is present as witnesses.

Wendy also writes a letter, stating a “non-binding” wish that her nieces and nephews share their inheritance with their children. She staples the letter to the original will and puts it in her desk drawer.

When Wendy passes away, her executor attends the solicitor’s office and asks for the will. It comes to light that the will had been removed, although a copy of the duly executed will was able to be produced.

Wendy has $100,000 in a fixed term deposit and no other assets. Her bank will not release the funds without a grant of probate.

When Wendy’s original will is eventually located amongst her personal belongings, a number of issues arise.

Firstly, Wendy is advised that the Court will ask for evidence of the circumstances surrounding the hand amendment to the will. In the absence of any witnesses, this creates difficulties and delays.

Secondly, the Court considers that the letter accompanying the will may constitute an “informal will” and asks all of the beneficiaries and their children to be made aware of the probate application by either being personally served or signing “consents”. Some now reside overseas and some are minors, who need independent “tutors” appointed.

This case demonstrates how even small amendments to a simple will can lead to increased legal costs and cause significant difficulties and delays if they are not made under legal supervision.

This fictional column is not legal advice.