By Darryl Browne -
Key decisions
- Sorati & Anor v Sorati [2025] QSC 14 (essential validity)
- MS [2025] WASAT 13, KDU (Application for Administration [2025] TASCAT 43, Re An Incapacitated Principal [2025] NSWSC 89, BJR [2025] QCAT 128 and GTD v NSW Trustee and Guardian & GVZ [2025] NSWCATAD 79 (powers of attorney)
- Lewis v Watson [2025] QSC 35, In the Estate of Cornwell [2025] ACTSC 118 and Kemp v Findlay [2025] NSWCA 46 (informal will)
Absence of essential validity of will on basis of first limb of Banks v Goodfellow
Renato married Robyn in 1991. Renato had two sons. Robyn had three daughters. They made wills in 2017 using solicitors. Renato gave part of his estate to his sons and the residue to Robyn. If Robyn died before him, he left the residue to her daughters. In 2021, Robyn bought Renato a ‘Will Kit’. He gave $50,000 to his sons and the rest to Robyn. Nothing was left to Robyn’s daughters. One of Renato’s sons challenged the validity of the 2021 will on the basis of essential validity.
One of Robyn’s friends assisted Renato to prepare the new will. Renato said he was uncertain about whether he wanted to make provision for his sons. If Robyn predeceased him, he wanted his estate to go to her daughters. Renato was reluctant to sign the Will Kit will and the witnesses left. They returned a few hours later and the friend explained to Renato that if he died without a will, he would die intestate and the government could take over his estate. This was incorrect in two respects because he had a valid prior will and, in any event, the intestacy laws do not operate in that way.
