The Importance of Updating Your Will: Lessons From Moore v Aubusson (2020) About What Can Happen if You Do Not

Moore v Aubusson was a case heard by the NSW Supreme Court between Mr Moore and Ms Andreasen, neighbours of Mrs Murphy deceased, and the Executor of her Will, Mr Aubusson. The case highlights just how important it is to keep your Will updated.

What happened in this case?

Mrs Murphy was a widow with no children. The neighbours in question moved into the desirable Sydney location of Louisa Road Birchgrove in 1999, where Mrs Murphy owned more than one property. They had intended to redevelop the property but the plans would impact Mrs Murphy’s view of Sydney Harbour.

However, they developed a close relationship with Mrs Murphy, who said she was not close to any of her relatives, and if the proposed development did not proceed, she would leave them her properties. As a result, the neighbours changed their plans and also supported and cared for her for over a decade. However, in the Will, Mrs Murphy left her estate to two elderly siblings and only $25000 to her neighbours.

Lessons 

The Court decided that the vast majority of the estate, valued at some $9m, be transferred to Mr Moore and Ms Andreasen. It was held that the support and care given to Mrs Murphy at the expense of their own plans demonstrated a reliance on the deceased’s promises.

This decision illustrates how important it is to keep a Will up-to-date to ensure testamentary intentions are clear and in writing.

Spare a thought too for the Executor with no way of knowing whether the promise had been made or in what circumstances yet with a duty to administer the estate. If the promise had been documented, it would have saved the costs and stress of litigation for both the Executor and Mrs Murphy’s neighbours.

Contact our Wills and Probate Lawyers in Sydney, NSW

If you want to make a Will, update an existing Will, or contest a Will where you have been unfairly treated, please contact the experts at Szabo & Associates Solicitors on 02 9158 6026 or complete the online enquiry form.