Not every heartfelt promise or handwritten note can take the place of a valid Will. Attwood Marshall Lawyers Estate Litigation Senior Associate Duncan MacDougall unpacks a recent Queensland court decision that considered whether a love letter could override a properly executed Will.
In a recent Queensland case, the Supreme Court was asked to decide whether a handwritten love letter addressed “Hello Princess” and expressing a wish to leave assets to the recipient and her son should override an earlier, formally executed Will.
Under section 18 of the Succession Act 1981 (Qld) (the Act), courts have the discretion to treat informal documents as valid Wills – but only in limited circumstances.
In this case, the court had to consider whether the letter, posted roughly two years after the deceased’s last Will, should be treated as a valid testamentary document
It highlighted the high evidentiary threshold required to prove that an informal document truly reflects someone’s final intentions – especially when no legal advice or formal structure is involved.
The case: Lewis v Watson [2025] QSC 35
Mr Lewis, the applicant, applied to the Supreme Court of Queensland to revoke the Letters of Administration granted for the estate of Stewart Gray (deceased), who died in May 2024 at the age of 62.
The deceased was unmarried, had no children, and left his entire estate to his father under a formally executed Will dated 22 September 1989 (1989 Will).
Mr Lewis submitted to the court a handwritten letter he had found, written by the deceased and addressed to Mr Lewis’s mother, Sharon Mitchell – a long-time friend of the deceased for over 42 years.
Mr Lewis argued that the letter demonstrated the deceased’s true testamentary intention to leave his estate to Sharon and her son.
To succeed, Mr Lewis needed to prove that the letter met the requirements of Section 18 of the Act, which allows certain informal documents to be recognised as valid Wills.
The letter, written in 1991, began with “Hello Princess” and was signed “I love you. Stewart.”
A key part of Mr Lewis’s application centered on the passage:
“My sole ambition in life now is to love you forever and to accumulate as much wealth as I can to one day give to you and your son. If I were to die tomorrow then you and your little boy would inherit almost a half a million dollars.”
The decision
However, on 28 February 2025, Justice Treston ruled that the letter did not meet the legal standard for a valid informal Will and she upheld the original 1989 Will.
“Had the deceased intended to make a Will in favour of Sharon and/or her son, he well knew and understood what the requirements were because he had made such a document himself previously,” she said.
Justice Treston said it would be wrong to “attribute testamentary intention” to the words in the letter, which she said carried the “hallmarks of a letter from a love-struck man to a woman who was in a relationship with someone else.”
The court found there was no clear intention for the letter to operate as a Will, only evidence of affection.
“There is no statement in the document that the deceased wanted the document to operate as his last Will or that he wanted it to replace any other earlier testamentary document,” she said.
Importantly, the deceased never updated the 1989 Will, even after writing the letter in 1991. While ill in 2020 or 2021, he also gave a copy of the 1989 Will to his father, asking him to keep it safe.
Lessons learned: why formal Wills matter
This case is a timely reminder of why it is so important to make a formal Will. While Queensland law does allow courts to accept informal Wills in some situations, those cases are the exception, not the rule.
We have previously outlined the key differences between a formal Will and an informal Will in this previous blog.
For a Will to be legally valid, it must be:
- in writing;
- signed by the person making the Will (the testator);
- signed by at least two authorised witnesses who are present at the same time;
- dated at the time of signing; and
- record how the testator wishes to distribute their estate.
The testator must also have the testamentary capacity to write a Will at the time it is executed. That means they must have the mental ability to understand the nature and effect of the Will.
When will a court consider an informal Will?
An informal Will refers to any document that sets out someone’s wishes for their estate but may not meet the above formal legal requirements.
As Justice Treston explained in this case, the court must consider three key criteria when deciding whether an informal document should be admitted to probate:
- Was there a document?
- Did the document purport to embody the testamentary intentions of the deceased? and
- Did the deceased intend that the document would operate as their final Will?
These are not easy hurdles to clear, and the court will only allow documents to be admitted to probate in limited circumstances. a love letter, note or text message may fall short – especially when a valid Will already exists.
Don’t leave it to chance
People often believe that any written expression of their wishes will be legally enforceable; however, informal Wills frequently fail to hold up in court.
In this case, the letter was not witnessed, lacked legal formality, and did not explicitly state that it was intended to be a Will and to revoke the previous Will.
If you want to make sure your estate is distributed exactly as you intend, the safest course of action is to prepare a formal Will with the guidance of an estate planning lawyer. Doing so ensures your final wishes are clear, valid, and enforceable – minimising stress and legal disputes for your loved ones after you are gone.
Attwood Marshall Lawyers – experts in estate litigation
Dealing with disagreements about a Will can be incredibly emotional, complex, and deeply personal. These disputes often arise at a time when everyone involved is typically grieving and under considerable stress. That’s why getting the right legal advice early is so important.
Our Estate Litigation lawyers understand how difficult these situations can be and are here to help you navigate them with sensitivity and skill.
For expert advice on your rights in estate disputes, please contact our Estate Litigation Department Manager, Georgia Trapp, on direct line 0498 499 122, email gtrapp@attwoodmarshall.com.au or call 1800 621 071 any time.
For all your estate planning needs, please contact our Wills and Estates Department Manager, Donna Tolley, on direct line 07 5506 8241, email dtolley@attwoodmarshall.com.au or free call 1800 621 071 anytime.
