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ARTICLE · 14 SEPTEMBER 2022

Does a secret will beat other wills?

If it is a legal will and was dated after other wills, a secret will may be challenged, but it is the one that applies.

AustraliaFamily and Matrimonial

It happens all the time in whodunit novels and movies. Someone dies and when the family gather to hear the will read by the family solicitor, they are shocked to discover there was a secret will besides the one they had been told about.

This surprise secret will cuts out those who expected to inherit the estate, or at least diminishes the size of their inheritance. Instead, it leaves the fortune to someone they don't think deserves it.

So, does a secret will beat other wills? What does a secret will have to have to make it legal? Can those who missed out contest the secret will?

Secrecy of a will has no bearing on its validity

The law says that as long as a will is drawn up legally with the required witness signature and has the most recent date on it, it doesn't matter whether it has been kept secret from the family or not.

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