CASE: Re the will of William Ian Southey [2025] VSC 801

Two months before his death, William Ian Southey made a Will leaving most of his $2.5 million estate to his partner Kyle Stuart Jackson.

The only problem was that William had never met Kyle in person. And after William's death, Kyle could not be found.

CASE: Anastasia Pates v Diane Craig and The Public Trustee Estate of the Late Joyce Jean Cole [1995] NSWSC 87

This case involves a dispute over the last will of the late Joyce Jean Cole and the accusations that Joyce did not have the capacity to make her 1993 will, that she didn’t know or approve of the contents of the will, and that it was executed under undue influence and fraud.

Joyce met Reginald Greenfield when she was in her 60s and they went on to have a relationship for about 10 years.

Unfortunately, in 1990 Reginald suffered a stroke and soon after was moved to a nursing home. After that, Joyce's neighbours and friends noticed a marked decline in Joyce's mental health.

Around Christmas 1992, Joyce met Anastasia Pates and within 3 months Joyce changed her Will to leave her entire estate to Anastasia.

Reginald's daughter litigated on his behalf, seeking to have the 1993 Will overturned in favour of Joyce's 1989 Will which had left everything to Reginald.

CASE: In the estate of Giuseppe Pellegrino (deceased) [2025] ACTSC 421

So many questions in this case.

Can you disclaim an inheritance left to you in a Will? Yes.

Does the disclaimer have to be in writing? No.

If you refuse to respond to letters and email, and send back the inheritance cheque, does that constitute disclaiming your inheritance? In this case, yes.

If a person disclaims their inheritance, who does their share of the estate go to? ... that's a little tricky. Listen to the episode to find out.