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The dangers of a Testator drafting and executing their own will without proper legal advice was recently illustrated in the Tasmanian Supreme Court decision of Woolnough v The Public Trustee [2005] TASSC 50.
In this case, Ware and Partners acted for a Widow who successfully challenged the Testator’s Will and obtained an Order from the Court giving her the entire Estate.
To establish that the Widow was left without adequate provision for her proper maintenance and support we obtained actuarial evidence that clearly demonstrated that a life interest was inadequate. This evidence was heavily relied upon by the Court and demonstrates a novel approach to proving need in Testators Family Maintenance Matters.
See the full judgement.
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