Key Practice Areas
Photocopy Of Will Proven To
Be Valid In $30 Million Estate
Thursday, March 20, 2014
Case Reference: 112432 – www.austlii.edu.au/au/cases/qld/QCA/2011/308
Type of Case: Deceased Estate Litigation – Contesting the Validity of a Will
The Situation: Lynette made a 2003 will that gave unequal shares of her estate to her 5 children. Quinn & Scattini searched hospital records and found a copy of a later will made by Lynette in hospital in 2006. This 2006 will gave equal shares to the 5 children. If the 2006 will was declared to be valid, it would make a big difference to the value to be received by Quinn & Scattini’s client from the estate which was then estimated to be worth about $30 million. Quinn & Scattini fought the case on a “no win, no fee” basis.
The Result: A win for Quinn & Scattini’s client. The Supreme Court declared the 2006 will to be valid. The Court of Appeal agreed. The Supreme Court also said that the will was valid even though only a photocopy of it could be located.
* Names have been changed for confidentiality. However, some cases appear on public records such as court reports on the internet. As every case is different, the cases reported here cannot be taken as an indication of a similar outcome being likely in your case, and these reports are not to be taken as legal advice about your particular situation.