I recently read the Queensland Supreme Court decision of Gamer v Whip  QSC 209 (30 July 2012), in which the Court had to decide whether a particular document was an informal codicil to the deceased’s will, a renunciation of a beneficial interest in another person’s will, or an assignment of an interest in an Estate. It highlights the importance of correctly documenting your intentions to avoid a challenge to a Will.
The facts of this case are as follows:
After consideration, the Court decided that the document was not an informal codicil or a disclaimer or renunciation. The Court found that the Ms Page intended to assign her interest in Ms Atkinson’s estate to the other named beneficiaries.
The matter is an important reminder to seek proper independent legal advice when contesting or disputing a Will. It also shows the need to consult an experienced estate planning solicitor when you want to amend your Will.
If you require assistance with making a new Will, or updating an existing Will, or if you are a beneficiary or executor of an estate, it is important to obtain experienced advice from an estate planning lawyer. Please do not hesitate to contact me if needed as challenges to your Will can have a big impact.