A member asked over 9 years ago

Oral evidence contradicts will

My husband's will was prepared many years ago. Since then, several agreements about how his estate was to be distributed were made orally but never incorporated into the written will. Are these oral amendments legally binding?

Chris Wall
Solicitor/Director at Walker Gibbs and King P/L

Not enough information to answer really.

Were the agreements with your husband? How reliable is the evidence of those agreements...Groucho Marx was right to say that verbal contracts are not worth the paper they are written on!

Hasyour husbanddied?

Were the agreements like a contract, where usually each of the parties get some advantage...eg "if you run thefarm for me with minimal wages, I will leave it to you in my will".

Are those who would challenge the will eligible to make a claim under the Succession Act.

As is often the case,giving an answer to an open ended question can mislead you.

Get good advice from an experienced solicitor.

Chris Wall

Answered over 9 years ago   Legal disclaimer

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