A Missionary, an Invalid Will, and the Costly Consequences That Followed

‘She felt like a piece of dirt. They didn’t respect her or her instructions, they just forced things on her. We spent the time to get to know her and understand what she wanted.’
– Paul Falzon

Key Facts

• Matter Type: Informal Will / Complex Probate / Family Provision
• Clients: Niece and her daughter
• Issue: An instruction sheet mistaken for a valid Will
• Complexity: Co-owned property in legal limbo for 18 years
• Legal Basis: Section 8, Succession Act 2006 (NSW)
• Strategy: Reconstructed legal position across two estates and two decades of history
• Outcome: Grant of Probate obtained, estate now able to be administered

The Original Situation – An Instruction Sheet is Not a Valid Will

Vanessa was terminally ill in Alice Springs. So, she asked her niece, Sarah Jane, to contact a lawyer so she could make a Will before she passed. The law firm sent a Will Instruction Sheet, a standard form used to collect information before drafting a Will.

Sarah Jane filled in the form carefully, and two witnesses signed at the bottom. The family now believed Vanessa had a Will. One of the witnesses wasn’t sure that was true, so they contacted the legal firm and queried the document, where a Paralegal confirmed it was, definitely, a valid Will.

Vanessa died the very next day.

To execute the Will, Sarah Jane took the document to a second lawyer. The family were told what they didn’t want to hear … this is just an instruction form, not a Will.

What followed was years of escalating worry, distress, hurt, and legal complexity caused first by the invalid Will, and then by the conduct of a second major firm engaged to fix the problem.

The Challenge – A Chain Reaction of Will Problems

Initially, Sarah Jane took the matter to a prominent national law firm. As there was no valid Will, the firm undertook searches in Fiji to identify potential beneficiaries.

One person was found in that search, and he consequently made a Family Provision Claim. The man said that Vanessa had financially supported him and that he had been dependent on her. Although somewhat suspicious, the firm advised the client to make a deal with him before court. So, Sarah Jane paid him $200,000.

To make matters worse, she felt she was being marginalised in her dealings with the legal firm. What she was told on the phone was always different to the action taken. She felt her position, a missionary from remote Australia, unfamiliar with how large city law firms worked, was being used against her rather than respected.

So, she prayed for guidance, and soon after, Falzon Legal’s telephone number opportunely came up. Seeing this as a sign, Sarah Jane drove across the desert to bring the matter to us.

Reassessing the Situation With Falzon Legal

Falzon Legal took over the case. After looking at the files, it was apparent the claimant hadn’t been eligible to make that claim under the Succession Act 2006 (NSW). The $200,000 settlement was unnecessary and could have been avoided, if Sarah Jane had received proper legal advice from the beginning.

What’s more, the main asset of Vanessa’s estate was a property, held as Tenants in Common in equal shares with a man called Bennett, who had died in 2006. He had never made a Will, and no application had ever been made for Letters of Administration on his behalf.

So, half of the property had been sitting in legal limbo since 2006.

Before Falzon Legal could obtain a Grant of Probate over the asset, we first had to resolve the Bennett estate, which was governed by the succession law as it stood nearly twenty years ago.

Falzon Legal Had To:

• Research the 2006 succession legislation.
• Obtain a historical valuation of the property as at the date of Bennett’s death in 2006.
• Find out if Bennett’s share of the property was worth more than Vanessa would have received under intestacy, as any amount above that threshold may also have entitled Bennett’s daughter to part of the estate.
• Prove that Bennett, who had been married twice, died aged 97, and was bedridden at the time of death, was not in a de facto relationship.
• Source certified marriage and divorce certificates spanning decades.
• Find witnesses to give evidence about Bennett’s domestic circumstances from more than twenty years earlier.
• Return to court after the first affidavit was found insufficient and prepare a further, more detailed affidavit.

Falzon Legal’s Approach – Understanding and Thorough

Despite the complexity, Falzon Legal worked closely with Sarah Jane to carefully reconstruct the legal position and guide the matter through the Court process.

Starting at the very beginning, not from where the previous lawyers had left matters, meant that we created a strong legal foundation from the outset.

What started as a simple intention to put a Will in place had turned into a highly complex legal matter, including multiple estates, jurisdictions, and years of legal history.

At all times, Falzon Legal ensured Sarah Jane and her family were updated on progress, their questions answered respectfully, and Vanessa’s estate was handled with dignity.

The Outcome – A Legacy Finally Restored

After years of being told by a previous law firm that ‘it’s too hard’ and ‘just pay the money’, the clients received the Grant of Probate.

The property title was finally cleared, meaning that the estate can now be properly administered, and the missionaries can fulfil Vanessa’s true final wishes. By applying the 2006 law to a 2026 problem, Falzon Legal resolved a deadlock that had sat untouched for nearly two decades.

Key Takeaways for You

Vanessa’s case shows how not having a valid Will can create years of legal, financial, and emotional complications afterwards.

It’s also a powerful reminder that communication and proper legal guidance are vital. Clients should feel listened to, informed, and properly advised at every stage of an estate matter … especially when the consequences are so significant.

What You Should Do:

• Make sure your Will is properly drafted, signed, and legally valid.
• Never assume a document is a valid Will without legal confirmation.
• Seek specialist Wills and Estate legal advice for complex estate matters.
• If you feel confused, pressured, or ignored by your legal representatives, seek a second opinion.
• Address estate administration issues as early as possible, especially where older estates or shared property ownership are involved.
• Understand that even simple estates can become extremely complicated when proper legal steps are missed.

How Falzon Legal Can Help

If you’re dealing with an invalid Will, an estate issue, or concerns about how your solicitor is handling your legal matter, talk to Falzon Legal. Obtaining the right advice early can prevent high costs, delay, and stress:

• Making a Will – ensure your wishes are legally valid, properly documented, and enforceable.
• Probate and Estate Administration – guidance through the legal process of administering an estate correctly.
• Letters of Administration – where someone has died without a valid Will, or an Executor is unable to act.
• Informal Wills – understand what happens when there’s no valid Will and how estates are resolved.
• Family Provision Claims in NSW – assess whether a claim against an estate is genuinely valid before costly litigation begins.
• Will Disputes Lawyers – experienced advice across complex estate disputes, contested estates, and defective Will matters.

Related Informal Wills and Estate Administration FAQs

What Is the Difference Between a Will Instruction Sheet and a Will in NSW?

A will instruction sheet is a form that’s used by law firms to gather together information before drafting a Will. It has no legal power. In NSW, a valid Will must be in writing, signed by the person making it, and witnessed by two adults who are both present at the time of signing.

What Is an Informal Will in NSW?

This is a document that doesn’t meet the formal requirements for a valid will. It may be admitted to probate by the Supreme Court if it can be shown that the document gives the genuine intentions of the deceased. The application is made under Section 8 of the Succession Act 2006 (NSW).

Who Is Eligible To Make a Family Provision Claim in NSW?

If someone without legal standing makes a Family Provision Claim, the estate isn’t obligated to pay them anything, regardless of how the claim is framed. Eligibility is defined by the Succession Act 2006 and generally includes:

• The deceased’s de facto partner or spouse.
• In some circumstances, the former spouse of the deceased.
• The deceased’s children – step, adopted, adult, and biological children.
• Partial/whole financial dependents.
• Someone who lived with the deceased and gave care for no payment.
• Other people who had a moral claim or financial reliance on the deceased’s estate.

If a claimant doesn’t fall into one of these categories, the claim should be challenged rather than settled, seeking proper legal advice before agreeing to any payout is essential, as an unnecessary settlement (as happened in this case) can cost tens of thousands of dollars that were never legally owed.

What Happens When a Co-Owner of Property Dies Without a Will in NSW?

If the property is held as Tenants in Common, the deceased’s share of the asset stays with their estate. It doesn’t automatically go to the co-property owner (unlike a Joint Tenancy).

A legal grant (like Letters of Administration) must be obtained. Without this, the property becomes legally frozen, creating a title deadlock that can last for decades and prevent any future sale or refinancing.