The Dangerous Consequences of Not Updating Your Will Properly
Many Australians assume that making any note about their wishes is enough to update their Will. However, it's important to consider the consequences of not updating your will. Unfortunately, that assumption can cost loved ones and intended beneficiaries hundreds of thousands of dollars.
A recent Queensland Supreme Court case shows exactly what can go wrong when informal Will updates are relied on instead of proper legal advice.
A Real Case When Good Intentions Aren't Enough
In 2003, Dr James Edmond O'Connor made a valid Will with the help of a solicitor. The Will included gifts to friends, relatives, and several charities.
Seventeen years later, in 2020, Dr O'Connor decided that his Will no longer reflected his wishes. Rather than formally updating it, he wrote his changes on a separate piece of paper titled UPDATE AND CHANGES TO THE WILL OF JAMES EDMOND O'CONNOR.
In these handwritten notes, he added gifts to remaining family members, changed how his estate was to be distributed, and included a significant new charitable gift of 20 percent of his estate to Cancer Council.
He even signed the document.
Only months later, Dr O'Connor tragically passed away from a heart attack.
What followed was a costly legal battle.
The Legal Question Did the Handwritten Notes Count as a Will
Because Cancer Council was not included in the original 2003 Will, the only way they could receive the intended gift was if the Court accepted the handwritten notes as a valid testamentary document.
Cancer Council applied to the Supreme Court to have the notes recognised as Dr O'Connor's final Will.
Another charity who stood to receive a substantial benefit under the 2003 Will but nothing under the handwritten notes strongly opposed the application.
The matter came before the Supreme Court in August 2024.
The key legal question was whether Dr O'Connor intended the handwritten notes to operate as his new Will.
Why the Court Rejected the Handwritten Updates
The Court closely examined the notes.
It acknowledged that Dr O'Connor was clearly thinking about his estate, that the document contained detailed financial and estate planning considerations, and that he had signed the notes.
However, the Court ultimately ruled that this was not enough.
The decisive factor was intent.
Because Dr O'Connor had previously engaged a solicitor to prepare his 2003 Will, the Court found it likely that he knew his handwritten notes lacked the formal legal requirements of a valid Will.
The Court was not satisfied that he intended the notes to replace his existing Will. Instead, they appeared to be a draft or planning document.
As a result, the handwritten notes were set aside, the 2003 Will was upheld, Cancer Council received nothing, and other intended beneficiaries missed out entirely.
Dr O'Connor's most up to date wishes were never carried out.
This case is known as In the Will of James Edmond O'Connor deceased Ex Parte Lennox 2024 QSC 224.
Why Informal Will Changes Are So Risky
This case highlights a common and dangerous misconception.
Writing it down does not make it legally binding.
Even signed notes, emails, or documents titled as Will updates may fail if they lack legal formalities, do not clearly show an intention to create a new Will, or conflict with an earlier professionally drafted Will.
When a Will is unclear or contested, the people who benefit most are often lawyers rather than beneficiaries.
When You Should Update Your Will
As a general rule, your estate plan should be reviewed every two years.
You should always review and often update your Will if any of the following occur.
- You separate or become estranged from a spouse
- You separate from a de facto partner
- You enter a new de facto relationship
- You marry or remarry
- You have a child
- You buy or sell property
- A beneficiary or executor dies
- Your financial circumstances change significantly
Failing to update your Will after these events can lead to outcomes you never intended.
Why Seeing a Wills and Estates Solicitor Matters
A properly drafted Will meets all legal formalities, clearly records your intentions, minimises the risk of disputes, protects your estate from unnecessary litigation, and gives your loved ones certainty at a difficult time. Trying to save time or money with informal updates often does the opposite.
Do not fall into the trap of assuming that informal documents, handwritten notes, conversations with family, or the belief that everyone knows what you want will be enough when it matters most.
They usually are not. The time and cost of formally updating your Will now is nothing compared to the expense, stress, and heartbreak caused by a disputed estate later.
Need to Update Your Will
MCG Legal has a dedicated Wills and Estates team experienced in drafting, updating, and protecting estate plans across Queensland.
Book your free initial consultation today and ensure your wishes are carried out exactly as intended.
