A recent decision of the Supreme Court of New South Wales highlights how difficult it can be to prove the validity of a will made shortly before the person’s death—and what happens when the Court is not satisfied it is valid.
In Corbould v Gay [2026] NSWSC 385, the Court considered competing claims over a deceased man’s estate, including whether a document created just two days before his death revoked an earlier Will.
Estate Dispute Background: Family, Relationships and the Will
The deceased, aged 68, died in 2021 without a spouse or children. He had made a valid Will in 2010 leaving his estate to his cousins.
Years later, he met the defendant while both were in a rehabilitation facility. From around 2013, they lived together in a property owned by the deceased and developed a close, though non-romantic, relationship.
Their relationship became central to the dispute. The defendant described it as a strong friendship involving care and support, while others viewed it as companionship or shared living.
In the final years of his life, the deceased’s health declined significantly due to serious illness, including lung cancer. As his condition worsened, he relied increasingly on others for support.
Just two days before his death, a document emerged in which the deceased purported to leave his estate to the defendant—triggering the estate dispute.
Contested Will NSW: The Legal Dispute
The defendant argued that the later document should be recognised as the deceased’s final Will.
If accepted, it would have replaced the earlier 2010 Will and changed the distribution of the estate.
In the alternative, the defendant brought a family provision claim under the Succession Act 2006 (NSW), seeking financial support from the estate based on his relationship with the deceased.
Invalid Will NSW: Why the Court Rejected the Will
The Court carefully assessed whether the document met the legal requirements of a valid Will.
Key issues included:
- Execution – The alleged witnesses were not present at the time of signing
- Signature concerns – Doubts about whether the signature was the deceased’s
- Testamentary capacity – Uncertainty about the deceased’s mental capacity
- Knowledge and approval – Whether the deceased understood and approved the contents of the document
- Suspicious circumstances – Concerns that were not adequately explained
The Court confirmed that even if forgery was not proven, a document will not be accepted unless validity is established.
In this case, the evidence fell short, and the purported Will was rejected.
Family Provision Claim NSW: Who Can Challenge a Will
Although the Will challenge failed, the defendant pursued a family provision claim.
The Court found:
- He was an eligible person, as someone in a close personal relationship and a dependent household member
- He had not been adequately provided for under the Will
The Court considered:
- The length of the relationship (approximately 8 years)
- The care and support provided
- His financial need and limited earning capacity
- The overall size of the estate
Supreme Court Outcome: Estate Dispute Resolution
Ultimately, the Court:
- Upheld the 2010 Will
- Rejected the later document
- Awarded the defendant $350,000 by way of a family provision order
This outcome reflects the Court’s role in balancing strict legal requirements with fairness under the Succession Act 2006 (NSW).
Key Lessons for Estate Disputes NSW
This case highlights several important points:
- Last-minute Wills are high risk: Courts closely scrutinise documents created shortly before death
- Strict compliance is essential: Errors in signing or witnessing can invalidate a Will
- Suspicious circumstances must be explained: Without clear evidence, a Will may fail
- Non-family relationships can succeed: Close personal relationships may give rise to entitlement
- Family provision claims are critical in estate disputes: The Court can override a Will to ensure adequate provision
How We Help With Estate Disputes
Estate disputes often involve both challenging a Will and family provision claims, requiring careful legal advice.
We assist with:
- Contesting or defending a Will in NSW
- Advising on invalid or informal Wills
- Family provision claims under the Succession Act
- Resolving estate disputes efficiently
If you are involved in an estate dispute or concerned about your rights, obtaining early legal advice is essential.
DISCLAIMER
This article reflects the current law at the time of publication. Please note that cases may have been the subject to appeal or subsequent judicial consideration since the date of posting. The decisions referred to are summarised for general understanding only. It is intended for informational purposes only and does not constitute legal advice. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.