Three children in the family have discovered that when the mother died there was no Will.
She had written out a wish list leaving the bulk of her assets to relatives in the UK, and it
appears that this was signed by her, but there was no witness, and it was not drawn up as a
formal Will. It made no mention of anything passing under the document, just being a list of
things, and some names beside it. Under the Intestacy Rules they will share the assets in
Australia equally, and they want to know whether the wish list will stand.
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Comments by Wills & Estate Specialist – Terry Johansson
The solicitor will need to determine whether or not the wish list may constitute an informal
Will, and if it is, lodge it for Probate. Based on the above this does not appear to be the case,
and so the document should not be binding and the Intestacy Rules would apply.
00683.6/CQ/WAK/201576/UK/C/XXX/-/MAC/IN/?