THE THREE EVILS THAT BEDEVIL PROBATE PRACTICE
In the recent decision of Sloan v Baldrey Master Sanderson began his judgment with the comment "There are three great evils which bedevil probate practice". The most common is the 'homemade will' Home made wills a curse. The second most common evil is not having a will at all.
The third evil is not updating your will. In the particular case, the will maker left her 'principal place of residence' to a named person. However, some years before her death, the will maker moved into an aged care facility. For a period of about 5 years the residence was leased out.
Master Sanderson found that the property was no longer the Deceased's 'principal place of residence' as she had moved out of the property permanently over five years before she died. The gift to the named beneficiary failed (and fell into the residue of the estate, for the benefit of the residuary beneficiaries).