- Gray v Gray  WASC 387
- D13-14\164  SCTA 56, D13-14\165  SCTA 57
- D13-14\166  SCTA 58; Bayssari v Bazouni  NSWSC 910
- Abu-Arab v NSW Trustee & Guardian  NSWSC 954
- Warren v Leo  NSWSC 494; Taheri v Vitek  NSWCA 209
- In the Estate of the late Anthony Marras  NSWSC 915.
Homemade wills are a curse
The reasons in Gray v Gray  WASC 387 commence: “Homemade wills are a curse”. After reference to problems presented by a badly drawn will it continues: “All of this could have been avoided if the testator had consulted a lawyer and signed off on a will which reflected his wishes. There is no question but that engaging the services of a properly qualified and experienced lawyer to draft a will is money well spent.” If evidence is needed to support these remarks, consider Boettcher v Driscoll  SASC 86 where the handwritten document recorded an amendment to a properly prepared will to allow a beneficiary to “have use of the house for as long as he needs it”. The court found the document constituted an “informal will” but that it was void for uncertainty. The effect was that the will remained unaltered. Also consider Shirley Colborne Hogben (dec’d)  SASC 91. The propounded will was a photocopy of a will kit form with handwritten additions. The only gift was $1000 to Port Adelaide Football Club. The court determined that the photocopy document be admitted to probate albeit that there was an intestacy of the residuary estate of $594,000.