28th July, 2025
Writing a Will might seem simple, but one recent Queensland case shows how dangerous that assumption can be.
In Re Negrean; Borbil v Borbil [2025] QSC 66, the Supreme Court was asked to interpret a DIY Will. Although the Will was written with good intentions, it contained serious flaws. These errors led to conflict, court intervention, and costly delays.
The Background: A Homemade Will and a Divided Family
Raveica Negrean passed away in 2019. She left behind a Will she had drafted herself. Unfortunately, it was unclear and poorly structured. As a result, her five children could not agree on what she meant. The executor, one of her sons, applied to the court for guidance.
Vague Language = Big Problems
The DIY Will used informal expressions like “I wish” and “I would ask.” While these phrases may sound kind, they carry no legal force.
For instance, Raveica wrote that she wanted her son John to live in her house for as long as he wanted. However, the court ruled this was not a legally enforceable right. It was only a non-binding wish.
Furthermore, some clauses conflicted with each other. One part said John should be repaid money if the house was sold. But the wording only applied if the sale happened during Raveica’s lifetime. Because she died still owning the house, the clause had no effect.
The Cost of Ambiguity
The court had to interpret multiple unclear passages. This process was time-consuming and expensive. Legal fees were paid from the estate, reducing the inheritance for all beneficiaries.
Moreover, the dispute caused significant stress for the family. Court proceedings can strain even the closest relationships.
The Legal Lessons
While courts try to honour a person’s final wishes, they are limited by the language of the Will. If a document is too vague, the court cannot guess what the person “might have meant”.
Even more, the court noted that a “wish” is not the same as a “gift.” Legal language must be specific, clear, and enforceable.
How to Avoid This Mistake
Thankfully, these problems are preventable. A professionally drafted Will ensures that your intentions are honoured -and that your family is protected from unnecessary conflict.
Instead of relying on do-it-yourself templates or informal notes, seek expert legal advice. A solicitor will help you avoid errors, clarify your wishes, and ensure your estate plan is legally valid.
Don’t Leave a Legacy of Litigation
At Castrikum Adams Legal, we specialise in estate planning that’s tailored and enforceable. Whether you’re preparing your first Will or updating an old one, we’re here to help.
Book a consultation today and protect your legacy the right way.
The content of this Blog does not constitute legal advice, is not intended to be a substitute for legal advice and should not be relied upon as such. You should seek legal advice or other professional advice in relation to any specific matters you or your organisation may have.