Last Will Not the Last Word

Published in Coffs Coast News of the Area on 4 September 2026.

Mateo moved to Australia as a young man and made his living renovating properties. He worked hard and built a substantial estate, including a run-down terrace in Surry Hills which he renovated and made his home.

His sister, Rosa, and nephews, Diego and Javier, remained in his home country. Despite the distance, Mateo remained close to them, sending money home, helping them through difficult periods and making wills providing for them.

Later in life, Mateo became close with his neighbour, Amelie. Over time, their friendship deepened and they began living together.

Amelie became financially dependent upon Mateo and invested much of her savings into the Surry Hills home and cared for Mateo as his health declined.

Despite his life with Amelie, Mateo remained committed to his family back home and made a Will leaving 90% of his estate to Rosa, Diego and Javier, and the remaining 10% to Amelie.

Several years later, Mateo became ill and his condition fluctuated. Some days he was alert and happily discussing his affairs. On others, doctors recorded concerns about his memory, orientation and ability to process information.

During what appeared to be one of his better days, Mateo made a new will, leaving everything to Amelie. His family received nothing.

Mateo died only days later.

Mateo’s family challenged the will, raising concerns about Mateo’s testamentary capacity when the new will was made.

The Court considered whether, despite appearing lucid when he signed the will, Mateo understood its effect, his property and the competing claims upon his estate.

The Court was not satisfied. The earlier will applied.

Amelie brought a family provision claim.

The Court considered her financial dependence, care for Mateo and contributions to the home, together with Mateo’s longstanding support of his family.

Ultimately, Amelie received the Surry Hills home, while Mateo’s remaining assets went to Rosa, Diego and Javier.

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.