Once you have made a decision to make your will, make sure you get everything finalised as quickly as possible. Here’s a timely reminder as to why it’s so important to get your Will finalised before it’s too late.

In Small v Phillips (No 2) [2019] NSWCA 268 The Supreme Court released the following judgement: “The Court of Appeal has allowed an appeal brought by the grandson of a woman lacking testamentary capacity, and has granted leave for an order to be made under the Succession Act 2006 (NSW) for a Will to be made on her behalf. The Court found that a draft Will which had been prepared prior to her loss of capacity was, or was reasonably likely to be, a Will that would have been made and finalised by the grandmother if she had testamentary capacity at the time the draft Will was ready for signing and that it was appropriate for an order authorising such a Will to be made.” Unfortunately, it has taken the estate beneficiaries a great deal of effort and expense to get the Grandmother’s draft will upheld when a quick visit to her lawyer and a nominal fee would have legitimised her will.

If you haven’t made your will yet, call CBD Law today to make an appointment.