If a promise is made to leave a bequest to you in a Will, but you are left out, there is a chance that the law will make good on that promise.
In a recent case neighbours agreed to alter their lifestyle, delay renovations to their house and provide support to their elderly neighbour as she promised to leave them her house in her Will.
However, she did not make good on her promise in her Will. The neighbours were able to obtain the house from the estate as they had acted to their detriment in a number of ways and upheld their side of the promise. The Court held it would have been unjust for the neighbours not to receive the house.
Not every case will provide this same result. The circumstances were quite particular.
The case does underline the importance of taking care when expressing testamentary intentions.
It is crucial that proper legal advice be obtained if unfortunate and expensive litigation is to be avoided. Please contact one of our Will Lawyers on 9635 7966 if you have any questions relating to the preparation or update of a Will or if you have a Will dispute.
