CASE: In the Estate of Edward Steven Middleton [2019] QSC 128

If you tear up your Will, does it cancel the Will or does it only cause a whole lotta headache for the administrator of your estate?

In this case, both.

There is a presumption that where the Will was last in the possession of the testator, and it cannot be located after their death, that the testator intentionally destroyed their Will intending to revoke it.

This is problematic where the Will has simply been misplaced or destroyed unintentionally.

But even if you do rip up you Will with dramatic flourish, wholly intending to cancel it, how can anyone know that for sure? It still needs to be proven which in itself is a hassle.

This case serves as a good example that even if your action has the intended outcome, there may have been an easier way to get there.

It also demonstrates that destroying your last Will does not automatically revive your earlier Will and may result in you having died with no Will at all.

CASE: Sadiq v NSW Trustee and Guardian [2015] NSWSC 716

When Christina Coombes died in June 2013, she left behind a decrepit home in Paddington, Sydney, and no Will.

After her death, Waleed Sadiq, a man 18 years her junior, claimed to have been in a romantic relationship with Christina for the past 17 years.

However, there was no record of Christina ever having a parter and her neighbours said that Waleed was just man who came by sometimes selling junk door-to-door.

Which was it? Was he her devoted spouse or a canny salesman who spotted an opportunity?

CASE: Priestley v Priestley [2017] NSWCA 155

In 2002, there was a rupture in the Priestley family that resulted in the father Gordon and his son on one side, facing off against the mother Beverley and two other children Christopher and Claire.

It resulted in not only the breakdown of Gordon's marriage, but also the family farming operation. When the matter was settled, after 2 years of litigation, all the parties walked away with a chunk of the farm properties.

For most of his life, Duncan had worked on his father's farm for little to no pay. After the dust had settled in 2004, Gordon was 80 years old and unable to take over the running of the farm. It was Duncan who provided care to his ageing father, financial support, and free labour to get the farm back on its feet.

So it was a huge surprise to Duncan to find out that Gordon had made a new Will in 2007 which left his estate equally to Duncan, his two other children, and his ex-wife Beverley.