A draft Will is validated after unexpected death...

After her husband unexpectedly passed away the Court has made an Order declaring the final draft Will of a woman’s deceased husband to be a valid Will under law.

At the time of his death both the wife and her husband were in the process of finalising the process of making Wills with their lawyer.

The draft Will, although finalised and ready for execution, had not been signed by the husband. With no prior Wills located, the husband’s estate would have been divided under intestacy laws and that would not have matched his current wishes.

Under the law the High Court has the power to declare an unsigned, or improperly executed, Will valid.  

The Court considered evidence submitted by the wife, the law firm instructed by the husband, and the man’s children in coming to its decision.  

The children’s evidence was clear that they believed their father’s estate and property should pass to their mother. The benefit of honouring the deceased’s intentions outweighed any loss of entitlement the children would receive upon intestacy.

The evidence also pointed towards the draft Will representing the husband’s current intentions better than the intestacy provisions could.  It was submitted by other parties that the draft Will was consistent with the husband’s actions towards his family, and statements made by him to his lawyer.

As a result the wife’s application was upheld, and the draft Will was validated by the Court.

This highlights why it is important to ensure your current Wills are in accordance with your current wishes. Making statements to your lawyer and family while keeping an updated copy of your draft Will until it is executed, are key to reflecting your current intentions should you pass away suddenly.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.