An 85-year-old Maroubra man never made a formal will. What he did do — on two frightening nights when he thought something might happen to him — turned out to be enough. But it cost his family a court case to prove it.
The story
Kenneth Warren Young was 85 years old when he died on 24 August 2022. He was divorced, had no children, and as far as anyone could find, had never made a formal will. He lived alone in Maroubra, Sydney.
After he died, his niece Anthea found a notepad sitting on the armchair in his home where Kenneth used to sit. Inside it were three handwritten pages. They weren't a will in any conventional sense. They were the private writings of an old man on two nights, years apart, when he'd felt unwell and frightened, and had reached for a pen.
The first entry was dated Sunday 23 August 2015. Kenneth wrote that he'd been feeling light-headed and was experiencing double vision. He wasn't sure if it was his new glasses. He hadn't ridden his bike that weekend. He planned to call the doctor on Monday. But just in case something happened that night, he wrote down what he wanted.
The second entry was dated Wednesday in October (year not specified). He'd had a big fall. He was out of breath. His legs were swollen. He'd taken his medication and was going to bed. He wrote Anthea's phone number. And again, he made clear: no inheritance for the nephews.
The third page listed specific grievances against his nephew Aaron — claims he considered to be lies.
Kenneth did not die that Sunday night in 2015. He lived for another seven years. But he never made a formal will, and the notepad — found on his armchair after his death in 2022 — was all that existed to record his wishes.
What he actually wrote
The court reproduced the pages in full. In Kenneth's own words, on the first page:
Page 1 — Sunday night, 23 August 2015
Consider this "my will"
Started feeling light-headed Friday 21st
Started to get double vision at first blaming new stronger glasses
Did not ride my bike this week-end
Eating OK — Taking heart tabs OK
Will contact Dr Raftos Monday
If anything happens to nite every one of my possession Unit 7C, plus any money investments (St George + ANZ Banks) — all goes to Anthea Young at Brunswick Heads.
None to 2 nephews (both not deserving)
[Signed by the deceased]
Page 2 — Wednesday, October
Again feeling bad — after big fall
Now out of breath — Legs swollen (water retention)
Feeling light-headed — Going to bed
Anthea ph on my mobile
No nephew inheritance
[Signed by the deceased]
How did a notepad become a legal will?
Normally, a valid will in NSW must be signed by the person making it, witnessed by two people who are present at the same time, and those witnesses must also sign the document. Kenneth's notepad had none of that — no witnesses, no lawyer, no formal execution whatsoever.
But NSW law has a safety valve. Under section 8 of the Succession Act 2006, a court can admit an informal document as a will if it is satisfied that the person genuinely intended it to operate as their will — even if the usual formalities were not followed.
The court was satisfied here for six reasons:
The pages were in Kenneth's own handwriting and he signed each one — showing the documents were genuinely his.
He used the words "Consider this 'my will'" — a clear, if informal, statement of testamentary intent.
He stated that "every one of my possessions goes to Anthea" — a comprehensive gift of his entire estate.
He specifically and deliberately excluded his nephews, using the phrase "No nephew inheritance" — showing he understood the document was dealing with inheritance and had turned his mind to who should and shouldn't benefit.
The two pages were consecutively numbered in his handwriting — showing he treated them as a connected document rather than stray notes.
No other will was ever found after an extensive search — making the notepad the only record of his wishes.
The nephews were notified of the court application and did not contest it. Probate was granted. Anthea received the estate — valued at approximately $767,000.
What could have gone wrong
Kenneth got lucky in one sense: his words were clear enough, and his wishes unambiguous enough, that the court had little difficulty being satisfied of his intention. But informal wills regularly fail or become bitterly contested for reasons that proper drafting would have prevented entirely.
Your informal document might not be clear enough. If Kenneth had written only "give everything to Anthea" without the words "consider this my will," the court might not have been satisfied he intended it to operate as a will rather than a statement of preference.
The estate still needed court proceedings. Even though Kenneth's wishes were ultimately honoured, Anthea had to commence Supreme Court proceedings, retain a solicitor and barrister, and wait over a year after Kenneth's death before receiving the estate. All of that had a cost, paid from the estate.
The nephews could have contested it. They chose not to participate. In another family, the same facts could have produced an expensive, painful dispute.
Intestacy could have applied. If the court had not been satisfied, Kenneth would have died intestate, meaning the law, not Kenneth, would have decided who got his estate. His niece and nephews would likely have shared equally. Kenneth would have gotten exactly the opposite of what he wanted.
Seven years is a long time. Kenneth wrote these notes in 2015 intending them for "tonight." He then lived another seven years, during which his circumstances, assets, and relationships may all have changed. His notepad was never updated.
What this means for you
This case sits at the human heart of why estate planning matters. Kenneth was not a wealthy or complicated man. He had a unit, some bank accounts, and clear views about who he loved and who he didn't. He just never got around to seeing a solicitor.
The notepad worked — this time. But the lesson is not that you can skip the formalities. The lesson is the opposite: the formalities exist precisely to avoid the uncertainty, cost, and potential conflict that Kenneth's family had to navigate even when everything went well.
If you don't have a current, formal will, here is what you need to know:
Dying without a valid will means the law decides who gets your estate — not you. In NSW, the intestacy rules follow a fixed formula based on family relationships. The result may bear no resemblance to your actual wishes.
Informal documents can work, but they are a gamble. The court must be satisfied of your intention — and that is not always easy to prove, especially if the document is ambiguous, incomplete, or was written years before you died.
Even a successful informal will requires court proceedings — which cost time and money, and are paid from your estate before your beneficiaries receive anything.
A will is not just about money. It also lets you appoint an executor you trust, provide for guardianship of children, specify funeral wishes, and leave clear instructions that reduce conflict between family members.
Review your will when circumstances change — marriage, divorce, the birth of children or grandchildren, significant new assets, or a falling out with a family member are all reasons to update.
Making a will is simpler than you think. For most people, a straightforward will can be prepared quickly and inexpensively. The cost of not having one — in court fees, legal costs, family conflict, and the risk of your wishes not being followed — is almost always far higher.
This article provides a general summary of The Estate of Young [2024] NSWSC 569 and is intended for informational purposes only. It does not constitute legal advice. If you do not have a current will, or if your circumstances have changed since you last made one, please contact our office to arrange a review.
