SUCCESSION: Informal Wills
Listen now
Description
WARNING: Disturbing content; discussion of suicide. CASE: Re Estate of Carrigan [2018] QSC 206 In 2017 a husband died from a self-inflicted gunshot wound. Just before his death, he had left a voice message on his friend's phone stating that he wanted his life insurance to be paid to his children ($3 million each) and the rest of his estate to his wife. He then made a voice recording on a mini tape recorder stating the same thing. Did either voice recording qualify to be an informal Will? Only one of them did. But why? CASE: Re Estate of Wai Fun Chan [2015] NSWSC 1107 A video Will may seem like a great idea! So much more personal than a legal document full of undecipherable jargon and paragraphs that run on for pages. But the legal hassle it creates! Wai Fun Chan had made a written Will but only a few days later decided to update her Will via video recording. First hassle was making the video into a more easily accessible format - a written document. A transcription had to be created and verified. Second hassle was determining whether the video qualified as an informal Will. Could the video be legally upheld even though it didn't fulfil the requirements for a valid Will? Third hassle was the involvement of a beneficiary in the creation of the video. Wai Fun left a larger share of her estate to her daughter Deborah in the video, and Deborah was also behind the camera making the video. Did the gift to her fail because she was a witness to the "Will"?
More Episodes
CASE: Wallis v Rudek [2020] NSWSC 162; Wallis v Rudek (No 2) [2020] NSWSC 215 Yuri & Olga Wallis were in financial crisis. They were about to lose their house in Pennant Hills, Sydney. The property was worth $950,000 but they owed $840,000 to the bank and they were unable to pay the...
Published 11/10/24
CASE: Fiorenza v Fiorenza [2024] NSWSC 549 This case involves a dispute between Irene Fiorenza and her son Matthew Fiorenza over ownership of the property at 69 Amherst Street, Cammeray. Irene had inherited the property from her late mother in 2016 and had let her son Matthew and his family...
Published 11/06/24
Published 11/06/24