When Wills Collide with AI: Key Lessons from Re Walker [2025] VSC 714

The Victorian Supreme Court's recent decision in Re Walker [2025] VSC 714 offers estate planning practitioners a compelling tale of two modern dilemmas: traditional probate challenges involving suspicious circumstances, and the emerging risks of artificial intelligence in legal practice. This judgment serves as both a masterclass in contested probate law and a stark warning about AI misuse.

The Case Facts: A Life Interest Gone Wrong

Sharon Walker, aged 57, died from cancer in April 2023, leaving behind a 2020 will that granted her husband of just 2.5 years a life interest in her property. The will provided that upon her husband's death or departure, the property would be sold with proceeds divided equally among her three sisters. Her husband challenged the will's execution, claiming one witness wasn't present during signing.

The estate was valued at approximately $952,000, but crucially, there was also $270,000 in superannuation funds that the husband successfully claimed directly from the funds, bypassing the will entirely.

The Execution Challenge: When Presumptions Matter

The defendant's sole evidence challenging the will's execution was his own testimony that one witness wasn't present. However, Moore J found him to be "an abjectly poor witness" whose evidence was unreliable. The judge noted the defendant's:

• Non-responsive answers and argumentative demeanour

• Implausible claims about his financial contributions

• Deliberate attempts to hurt the plaintiff's family from the witness box

The Court emphasised the principle from Wright v Rogers that "the strongest evidence" is required to overcome a perfect signing clause, and that "indifferent or uncertain sort of proof will not suffice".

Suspicious Circumstances: What Didn't Stick

The defendant argued several grounds for suspicious circumstances, all of which failed:

1. Pre-surgery stress: Claims the deceased was distracted before major surgery were unsupported by evidence and wouldn't establish suspicion anyway, given that the will followed proper consultation with solicitors.

   
   

2. Inadequate provision: The Court found nothing suspicious about prioritising lifelong sibling relationships over a relatively short marriage, especially where some provision was made for the spouse.

   
   

3. Financial contributions: The defendant's claims about substantial financial contributions collapsed under cross-examination, with evidence showing loans rather than gifts.

   
   

The Superannuation Trap

A critical lesson emerged regarding superannuation planning. The deceased intended her super to form part of her residuary estate through the will, but because the husband successfully requested payment directly from the funds, there was no residuary estate to maintain the property or pay ongoing costs. The deceased wrongly assumed that not making a death benefit nomination would mean superannuation death benefits would automatically be paid to the estate, and the solicitor did not pick this up.

The AI Catastrophe: A Professional Conduct Nightmare

In a separate but equally important part of the judgment, Moore J dealt with the defendant's solicitor, Ms Rizkallah, who had used AI to prepare court submissions containing fabricated case citations. She used AI tools without understanding their "hallucinatory tendencies" and filed submissions without verifying the citations' accuracy.

The Victorian Supreme Court's AI Guidelines, issued in May 2024, make clear that practitioners remain responsible for document accuracy and must understand AI tool limitations. The Guidelines warn that general-purpose AI tools like ChatGPT are "non-reasoning, non-research tools" whose outputs must be carefully verified.

Moore J imposed a reprimand, noting that accuracy of submissions is "fundamental to the due administration of justice".

Key Lessons for Estate Planning Practitioners

1. Witness Credibility is Paramount Poor witness credibility can taint all evidence on controversial matters. Even seemingly strong challenges to will execution can fail where the challenger's evidence lacks reliability.

2. Superannuation Integration is Critical Always ensure superannuation beneficiaries align with will provisions. Consider whether binding death benefit nominations are necessary or whether relying on trustee discretion might better serve the estate plan.

3. Life Interests Need Careful Drafting. Consider whether life interests should be "portable" - continuing even if the beneficiary requires care. Also, ensure adequate funding for property maintenance and outgoings.

4. Document the Will-Making Process: Maintain detailed records of client consultations, questions raised, and responses provided. This case succeeded partly because the evidence showed proper consultation and consideration of the deceased's concerns.

5. AI Use Requires Extreme Caution. With over 590 documented cases of AI hallucinations in legal filings globally, practitioners must verify every AI-generated citation and understand their professional obligations. The reputational and regulatory risks of improper AI use are driving many firms toward more cautious approaches.

Looking Forward

Re Walker demonstrates that while traditional probate principles remain robust, modern practice demands new vigilance. Professional bodies continue emphasising that solicitors must be particularly alert where potentially interested parties have instigated will-making.

For estate planners, this case is a reminder that thorough documentation, careful witness management, and integrated superannuation planning remain as important as ever - while the responsible use of emerging technologies requires constant attention to professional obligations and court guidelines.

This article discusses Re Walker [2025] VSC 714 handed down on 24 November 2025 and is for general reading only for lawyers and advisers practising in estate planning facilitation. For specific legal advice regarding your circumstances, please consult a qualified legal practitioner.