The Pitfalls of Homemade Wills: A Cautionary Tale from Re Negrean; Borbil v Borbil [2025] QSC 66

Homemade Wills: A Recipe for Disputes

The recent Supreme Court of Queensland decision in Re Negrean; Borbil v Borbil [2025] QSC 66 serves as a stark reminder of the risks associated with homemade wills. The case involved the estate of Raveica Negrean, who passed away in 2019, leaving behind a will she had drafted herself with the assistance of an unknown person. The will was riddled with vague language, grammatical errors, and inconsistencies, leading to disputes among her beneficiaries and requiring judicial intervention to interpret her intentions.

Key Issues in the Case

1. Ambiguity in Language: The will contained unclear provisions, such as a clause expressing a "wish" for one of her sons, John, to continue living in her property. The court found this language to be non-binding and insufficient to create a legal right to reside or a life interest in the property.

2. Conflicting Provisions: The will included overlapping and inconsistent instructions regarding the distribution of personal belongings, creating confusion about which items were intended for specific beneficiaries.

3. Unclear Debt Provisions: A clause suggesting that proceeds from the sale of the property should first pay debts allegedly owed to John was found to apply only if the property had been sold before Raveica’s death. This ambiguity required the court to clarify how estate debts should be handled.

4. Judicial Intervention: The executor sought declarations from the court to resolve these ambiguities, resulting in delays and legal costs that diminished the value of the estate.

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Lessons Learned

1. Imprecise Language Leads to Disputes: Homemade wills often fail to use legally precise language, leading to uncertainty and disputes among beneficiaries. In this case, the testator’s "wishes" were not enforceable, leaving her intentions unfulfilled.

2. Complexities Are Overlooked: Homemade wills rarely account for legal nuances, such as the distinction between a life interest and a right to reside. This oversight can result in unintended consequences.

3. Costly Litigation: The need for court intervention to interpret homemade wills can lead to significant legal costs, reducing the assets available for distribution to beneficiaries.

4. Strained Family Relationships: Disputes over unclear wills can damage family relationships, adding emotional stress to an already difficult time.

5. Professional Drafting Is Essential: Engaging a qualified lawyer to draft a will ensures that the testator’s intentions are clearly expressed and legally enforceable, avoiding the pitfalls of homemade documents.

   
   

Conclusion

The decision in Re Negrean; Borbil v Borbil highlights the dangers of drafting a will without professional assistance. While it may seem cost-effective to prepare a will at home, the risks of ambiguity, disputes, and unintended outcomes far outweigh any initial savings. A professionally drafted will not only ensures clarity and enforceability but also provides peace of mind for both the testator and their loved ones.

This case is a powerful reminder: when it comes to wills, don’t DIY. Seek professional advice to protect your legacy and avoid unnecessary disputes.