It is absolutely vital to do a legally binding Will – homemade wills are fertile grounds for litigation, because that’s when the judge decides.
Yet another case handed down on Friday shows how important it is to not try and Do It Yourself if you want a legally effective document.
Dural solicitor Peter Dawson has just lost a case in the NSW Supreme Court where he and real estate agent Brad Wheatley stood to benefit from a note left by his deceased client Colin Peek on an iPhone.
The deceased, Colin Peek, left an informal will in the notes section of his iphone. Although his friends Peter Dawson and Brad Wheatley had looked through his house for a will, they did not find a formal Will.
The notes on the iPhone left Colin’s $13 million estate to a number of people. The persons set to gain from the iPhone notes, if they were his Will, included his friend and real estate agent Brad Wheatley, who would have received over $10 million and his friend and the solicitor acting in the court proceedings, Peter Dawson, would have received over $300,000.
The informal will on the iphone was challenged by the deceased’s only brother, Ronald Peek, who would get the estate under the NSW intestacy rules as the deceased had no spouse, child or parent.
The court accepted, and it was not disputed, that the note on the iphone recorded Colin’s testamentary intentions. However, the court was not satisfied that Colin intended the Note to operate as his will because:
- elements of the Note indicated otherwise;
- evidence of the wider context to cast doubt that he had that intention; and
- failure to call two important pieces of evidence regarding communications (or attempted communications) by Colin with Brad Wheatley and Peter Dawson.
However, after considering all the evidence, and making comments critical of Peter Dawson acting in the case when he had an interest in the outcome, the judge was not satisfied that the note was intended to be the deceased’s Will.
The court ordered that letters of administration be granted to the deceased’s brother Ronald (who will get the whole $13 million estate) and that Brad Wheatley pay Ronald’s costs.
You can read the case here:
Peek v Wheatley [2025] NSWSC 554 (30 May 2025)
These cases demonstrate the importance of receiving appropriate legal advice when making a will. To avoid the risk of creating a will that does not carry out your wishes, seek professional legal advice from Peter McNamara today.