A recent New South Wales Supreme Court decision highlights how informal documents can operate as a valid will — and how family provision claims can still succeed even when someone is left out entirely.
The background
In Muhvich v Arena [2026] NSWSC 333, the Court was asked to determine whether a handwritten document created shortly before death could operate as a valid will.
The deceased, Mr Jameson, had previously made a formal will in 2007. However, in June 2024, while in hospital, he wrote two handwritten documents setting out his intention to leave his assets to a long-time friend.
These documents were not witnessed and did not comply with the formal requirements under the Succession Act 2006 (NSW).
Despite this, the Court ultimately accepted the documents as an informal will.
Informal wills in NSW
Under section 8 of the Succession Act 2006 (NSW), the Court can admit a document to probate even if it does not meet formal requirements, provided it is satisfied that the deceased intended the document to operate as their last will.
In this case, the Court found that:
- The handwritten documents clearly set out the deceased’s testamentary intentions
- They were signed and dated
- The deceased had taken steps to formalise those intentions before his death
As a result, the informal will was declared valid and revoked the earlier 2007 will.
A competing claim: Family provision
The case did not end there.
The deceased’s stepdaughter (who was not provided for in the informal will) brought a family provision claim under Chapter 3 of the Succession Act 2006 (NSW).
Importantly:
- She was not a biological child
- She had not been formally adopted
- However, she had been raised by the deceased from a young age and had a close, parent-like relationship with him
The Court accepted that she was an “eligible person” as a one time member of the deceased’s household and partly or wholly dependent on the deceased during that period.
Why the claim succeeded
The Court found that:
- The deceased had made no provision at all for the stepdaughter
- She was in a financially vulnerable position, with limited assets and income
- The relationship between them was effectively that of a parent and child
Even though the estate was relatively modest, the Court concluded that adequate provision had not been made for her proper maintenance and advancement in life.
As a result, the Court awarded her $200,000 from the estate.
Key takeaways
This case highlights several important legal principles:
1. Informal wills can be valid
A document does not need to be formally executed to operate as a will if the Court is satisfied of the deceased’s intentions.
2. Earlier wills can be displaced
An informal document can revoke a prior valid will if it is intended to be the final testamentary expression.
3. Being left out is not the end of the story
Eligible persons can still bring a family provision claim, even where a will clearly excludes them.
4. Stepchildren may have strong claims
Where a relationship resembles that of a parent and child, the Court may find a moral obligation to provide.
5. Financial need remains central
The applicant’s financial position and future needs are critical in determining whether provision should be made.
Why this matters
Cases like this demonstrate the risks of informal estate planning.
While the law allows flexibility, informal documents often lead to:
- disputes between beneficiaries
- uncertainty about intentions
- costly litigation
Clear, properly executed estate planning remains the best way to minimise conflict and ensure your wishes are carried out.
How we can help
We regularly assist clients in both estate planning and estate disputes, including:
- Preparing legally valid wills to ensure your intentions are clearly documented
- Advising on informal wills and whether they may be upheld by the Court
- Acting in family provision claims, whether you are making or defending a claim
- Assessing eligibility and prospects under the Succession Act 2006 (NSW)
- Resolving disputes efficiently to minimise cost and stress
If you are concerned about a will, have been left out of an estate, or want to ensure your affairs are properly structured, obtaining early legal advice can make a significant difference.
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.