Legal Hypothetical: The last note

MATTHEW is married and runs his own business.

He obtains income protection insurance.

Unfortunately, Matthew’s marriage breaks down.

A few years later he is diagnosed with schizophrenia. Matthew finds it difficult to work consistently and claims income protection payments on his policy.

When his mother passes away, after developing dementia, Matthew’s mental state suffers a further decline when he witnesses his mother’s suffering and indignity in the final stages of her life.

Matthew’s friend, Mary visits him regularly and spends nights with him on the houseboat, Matthew calls home.

Matthew has difficulties accepting medical treatment from his psychiatrist, recording his desire not to be exposed to “chemical restraints” in his handwritten journal.

The same journal contains entries where Matthew describes himself as “anxious, agitated, memory problems and lack of feeling” as well as “confusion, insomnia and nightmares”.

The last note in Matthew’s journal is recorded on the anniversary of his mother’s birthday.

Three weeks later, two police officers conduct a welfare check on Matthew and discover his body on the floor of the sleeping quarters. They later describe the death as “premeditated and deliberately self-inflicted”.

Matthew’s estate includes superannuation, a life insurance policy, a bank account, a motorcycle and his houseboat.

When Matthew’s journal is discovered, the contents of his last note are revealed.

It states; “I leave $100,000 to Mary, I leave $10,000 to Beyond Blue and the rest to my dad. I wish to be buried alongside my mum”.

The note finally states; “This unwitnessed Will makes all others invalid”.

A dispute arises as to whether the “last note” constitutes a valid Will.

The Court hears evidence from friends, family and medical professionals.

The Court ultimately finds that Matthew was of sound mind, memory and understanding when he wrote the “last note” and that he intended it to form his last Will.

Matthew’s father is appointed as the administrator of the estate, to carry out the directions contained in the note.

This content may be difficult to read.

Please take care of yourself and know that support is available.

Email Manny Wood, Principal Solicitor and Accredited Specialist in Wills and Estates at TB Law at manny@tblaw.net.au or call him on (02) 66 487 487. This fictional column is not legal advice.

By Manny WOOD, Solicitor