When a loved one passes, the last thing families need is uncertainty around a Will. But that’s exactly what happened in the recent NSW Supreme Court case involving the estate of the late John Currie Docherty Hamilton. His handwritten Will led to confusion, family conflict and a court battle over who should inherit his home.
This case is a reminder of why it’s so important to have a professionally drafted Will.
The Problem With “Home-Made” Wills
Mr Hamilton had used a “plain English Will kit” to draft his Will in 2019. In it, he left his property in Allambie Heights to his daughter Terrie and included a clause suggesting that the proceeds of any sale should be used to buy a new home — one that couldn’t be given to a partner or used for business.
The problem? Mr Hamilton sold the Allambie Heights home before he died and used the money to buy a new home in Terrigal. But the Will didn’t mention Terrigal. Did the gift still apply? Or had it “adeemed” — a legal term meaning it no longer had effect because the asset had been sold or was no longer owned by the will maker?
Terrie claimed the Terrigal home was still meant for her. Other family members argued the gift was gone and the house should be shared under intestacy laws.
What The Court Decided
The case landed before Justice Meek in August 2025. He had to decide whether Terrie was entitled to the Terrigal home.
After reviewing the Will, hearing from family members, and considering the circumstances in which the Will was made, the judge concluded:
- The wording of the Will, while not perfect, showed a clear intention from Mr Hamilton to provide a home for Terrie.
- The sale of the Allambie Heights home and purchase of the Terrigal property didn’t mean the gift had failed. Instead, the Will’s intent was to give Terrie the benefit of a home — whether it was the original property or a replacement.
- The clause about not giving the property to a partner or using it for business wasn’t a legal restriction but rather a reflection of Mr Hamilton’s wishes.
Terrie was awarded the Terrigal home. The court also ordered that the legal costs be paid from the estate.
Lessons From This Case
This case highlights the risks of using DIY Will kits, especially for people with significant assets, complex family dynamics, or specific intentions.
Here’s what we can learn:
- DIY Wills can cause confusion. Even when they seem “simple,” poorly worded clauses can lead to costly legal disputes.
- Intent matters, but clear language is key. Courts will try to honour the deceased’s intentions, but vague or ambiguous words can be challenged.
- Life changes should prompt Will updates. Selling a home, buying a new one, or major health events are all reasons to review your Will.
- Professional advice matters. A well-drafted Will can avoid the heartache and legal costs of disputes between family members.
Need Help With a Will?
At The Law Office of Conrad Curry, we specialise in Wills and Estate matters. Whether you need to draft a new Will or challenge one in court, we’re here to help — with compassion, care, and clear advice.
Final Word
Don’t leave your final wishes to chance. If you have a Will that’s out of date, or you’re thinking of creating one, get professional help. You’ll save your family time, stress and expense down the track.
DISCLAIMER
This article reflects the current law at the time of publication. It is intended for informational purposes only and does not constitute legal advice. The actual decisions in each case are summarised for general understanding. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.