Cocktails, cruises and codicils

Published in Coffs Coast News of the Area on 24 July 2026.

Jean had spent decades building a life of considerable means with her husband, Werner. Following his death, she updated her Will, leaving the bulk of her substantial estate to family members and several charities.

Then Jean boarded a cruise.

Between tropical sunsets, poolside cocktails and leisurely afternoons at sea, Jean met Sterling, an American entertainment lawyer whose colourful observations about Hollywood, high profile litigation and the entertainment industry drew crowds almost as reliably as the breakfast buffet. He possessed the effortless confidence of a man who had spent a lifetime talking his way into the best rooms and out of the worst situations.

What began as a holiday romance soon swept Jean off her feet. Before long, the pair were dividing their time between Australia, the United States and overseas holidays.

As the years passed, Jean's Wills also changed.

Sterling's daughter was left $200,000. Sterling then received a $1 million legacy. A later Will entitled Sterling to receive income from Jean's testamentary trust. Finally, he was granted a lifelong right to live in Jean's waterfront home.

To most observers, Sterling was the life of the party, but Jean's brother, Lionel, wasn't so easily charmed. After Jean's death, he discovered that every new Will seemed just a little more fond of Sterling than the one before.

Lionel pointed to Jean's long history of heavy alcohol use, repeated falls and declining health. He also questioned Sterling’s involvement in the preparation of the later Wills.

By the time Jean passed away, three different Wills were competing for recognition.

The Court considered extensive medical records, legal file notes and witness evidence before concluding that Jean had testamentary capacity when she made her 2024 Will, but not when she executed her final Will in 2025. The Court admitted the 2024 Will to probate and rejected allegations that Sterling had exercised undue influence over Jean.

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.