ARTICLE - Where there's a will there's a way?

Harold Moroney was running late ...

He prepared a will using a printed form.
He then went into a hotel bar and found two acquaintances. He explained that he was in
a hurry to catch a boat to Fiji, and that he wanted them to witness his will.

The will consisted of a front page and continued onto two inside pages. It
was signed at the bottom of the front page by both Mr Moroney and the two witnesses, but not on the inside pages. On Mr Moroney’s death, his executor applied to the Supreme Court of NSW for probate of the will. The year was 1928.

The Court ruled the will was invalid. Under the provisions of the Wills, Probate and Administration Act at that time, a will had to be signed at the 'foot and end'.

Commentary
A will is a very important legal document, the main function of which is to distribute property to beneficiaries on death. A will should also nominate the person to administer the estate (called the executor), sometimes jointly with another person. Other matters should also be considered, eg nomination of a guardian for minor children.

Great care must be taken in preparing a will. This particularly applies if:

• you have a number of assets and/or complicated arrangements for passing them on
• there are specific beneficiaries you wish to provide for ahead of, or instead of, your immediately family
• you wish to gift to a child.

Given the finality and often emotionally wrought circumstances of property and/or estate dispersal, it is highly recommended you engage a solicitor to professionally prepare your will.

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Contact Kerrisons for more information relating to making a will or acting in an estate matter: Phone 02 4655 7066 or email us today.