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ARTICLE · 25 SEPTEMBER 2024

"Mum was heavily drugged when she changed her will and disinherited me." Which case won?

Declaration that the January 2020 change of will document was of no legal effect.

AustraliaWealth Management

The Facts

Elderly woman refuses emergency surgery unless she can change her will

In January 2020, at the age of 92, a woman was hospitalised with a life-threatening leg condition.

During the day she underwent two unsuccessful procedures to restore blood flow to the leg, and at about 2pm she was given anaesthetic agents and other drugs.

Around 6:30pm, the doctors informed her that she required emergency surgery on her leg, and she signed a consent form for that surgery.

However, immediately before her scheduled 8pm surgery, the woman adamantly refused consent to the operation unless she could change her will.

Change of will substantially disinherits daughter

The woman's doctors knew that if they did not perform the surgery quickly, they would be forced to amputate her leg due to gangrene. So, they obliged her request, writing out a document titled "Change of Will", capturing her instructions that she wished to bequeath her house, the substantial part

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