Empower Wills and Estate Lawyers

18/04/2026

The case of the hospital food menu will

In this recent case, the Supreme Court of NSW found that handwritten notations on a hospital food menu constituted the deceased’s last will.

In 2007, the deceased did a will giving the whole of his estate (worth $500,000) to his then de facto partner.

In 2024, the deceased, while a patient at Nepean Hospital, made notes on a hospital food menu giving the whole of his estate to a different person, a friend of 55 years. The deceased signed the document, but it was not witnessed and therefore did not comply with the formal requirements of a will. Three days later, the deceased contacted a lawyer to have his wishes formalised but refused to pay more than $100 for a new will. At the time, the lawyer told him, “you’re living in the 70s”. The document was never witnessed.

After the deceased’s death, the deceased’s quasi stepdaughter propounded the 2007 Will. She also brought a family provision claim on the basis that she was a single mother, with two dependent children, a net worth of $44,000, and unable to work without medical clearance.

The friend propounded the hospital food menu will.

The Court found that it was satisfied that the deceased intended for the hospital food menu document to constitute his last will. The estate would flow to the friend. However, the Court was also satisfied that the quasi stepdaughter’s family provision claim was successful and granted her provision of $200,000.

Without intending any disrespect to the deceased, this is a great example of where being cheap costs you more in the long run.

08/04/2026

Considering an online will?

Here are some of the risks.

To watch the extended list of 10 risks, head to our page.

If you would like to know how much a quality will costs, access our Fixed Fee prices in our links.

08/04/2026

Have you noticed an increase in marketing for online wills?

Here are 10 risks with doing an online will.

If you would like to know how much a quality will costs, click our ‘Fixed Fees’ link in our links above.

07/04/2026

When to tell your younger sibling they’ve been disinherited?

This Western Australian case involved the estate of a woman who died naming her eldest son executor and sole beneficiary.

The deceased’s youngest son brought a family provision claim against the estate. The problem was that the claim was brought 10 months after the deadline.

The youngest son argued that the deadline should be extended because his older brother (the executor) had not told him that he had been disinherited until after the deadline.

The Court examined the evidence including text messages and found the younger son made repeated enquiries with his other brother about his mother’s assets and the status of his mother’s estate. The Court noted that one might have reasonably expected the executor to have made it abundantly clear that the youngest son had been disinherited given the basis on which the youngest son was making his enquiries.

The Court found that there was no clear statement by the older brother to the younger brother that he had been excluded from the last will. The older brother had several opportunities to make that position clear to his brother, but he did not do so until long after probate had been settled and the principal asset sold and the proceeds distributed.

The Court granted an extension of time to the younger brother.

This is a good lesson that if you have been appointed executor and there are people who have been disinherited, running down the clock may not work to prevent a claim.

22/10/2025

A lovely gift from another happy client. 🎉

If you have a will and estate problem that needs solving, call or email us today.

28/04/2025

🔔 "One of my children hasn't called me in years. Why should I leave them anything?"
🔔 "Can I leave more to one child?"
🔔 "Can I stop them from contesting my Will"

We receive questions like these every day!

Across Australia there are laws which allow specific people to contest a will. This is known as a family provision claim.

Some claims are well founded (i.e. where the person has a genuine need) but many are baseless (i.e. by a greedy yet hopeful friend or family member).

We have prepared 10 Tips to protect an estate from a family provision claim by a person who has been disinherited.

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28/04/2025

🔔 Have you been disinherited? 🚫

Finding out that you have been excluded from a Will can be an emotional and, in some cases, devastating realisation.

In some cases, the person may know (or at least suspect) that they have been excluded from a Will before the will-maker has even died. This may occur where the will-maker has told the person themselves, or where there is an ongoing estrangement.

In other cases, a person may only learn of their exclusion after the will-maker’s death.

It is never too early to take steps to protect a potential interest in an estate.

We have prepared 6 Tips which may help still secure a share of the deceased’s estate.

WANT TO KNOW MORE?

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15/02/2025

Australia's Leading Inheritance Lawyers

Ensuring clients can access our services from the comfort of their own home with:

✅ Phone consultations
✅ Zoom/Teams video calls
✅ Home visits.

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23/01/2025

🔔"Who should I appoint as my executor?"
🔔"Can I appoint just one of my children?"
🔔"Do I need to disclose my choice of executor to my family before I die?"

We receive questions like these every day.

Our blog "Who Can Be an Executor of a Will" has been prepared to assist you in choosing a suitable executor.

FOR MORE:
✅ Access our free blog for further information.
✅ Call, email, or message us for a free 30-minute consultation.
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Learn about the role of an executor, how to appoint and administer the estate, and responsibilities for beneficiaries, including adult children, in NSW.

15/01/2025

🔔Are you planning to leave unequal amounts of inheritance to your children?

Our blog outlines effective strategies for will-makers, heirs and executors aimed at preserving family unity whilst best ensuring the deceased's wishes are upheld.

FOR MORE:
✅ Access our free blog for further information.
✅ Call, email, or message us for a free 30-minute consultation.
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Discover strategies to handle unequal inheritance, reasons behind it, ensuring fair asset distribution and understanding the implications of unequal inheritance on family dynamics.