Oral will disputes in Australia are becoming increasingly common, as more families find themselves entangled in emotionally charged legal battles. With verbal promises often made in moments of urgency, it’s crucial to understand their legal standing and what can be done to avoid conflict. Let’s explore how courts treat oral wills and what you need to know to protect your family.
The Rise of Oral Will Disputes Australia
Did you know that over 50% of Australians over 55 haven’t updated their wills in more than a decade? In some cases, no written will exist at all. This legal vacuum creates fertile ground for oral will disputes in Australia, particularly as modern families become more complex and estates increase in value.
Blended households, last-minute promises, and unrecorded conversations have all contributed to the growing number of contested wills. Although the NSW Succession Act 2006 provides some flexibility for informal wills, including verbal ones, the courts remain cautious — and for good reason.
What Is an Oral Will? And Is It Legal in NSW?
An oral will is a verbal statement of how someone wants their estate distributed. Typically made in emergencies or end-of-life situations, these wills are emotionally powerful — but oral will disputes Australia show how easily they can become problematic in court.
Under the Succession Act 2006 (NSW), informal wills may include spoken words. However, courts require strong evidence, such as multiple witnesses, clear intent, and no contradictory formal will, to even consider such a will.
Real-Life Oral Will Disputes Australia: When Verbal Promises Go to Court
Case 1: The Terminal Illness Confession
A man told his long-term partner — in the presence of two nurses — that she should inherit everything. However, a previously written will left everything to his estranged children. The court sided with the written document due to insufficient evidence supporting the oral statement.
Lesson: Emotional promises don’t override documented wills.
Case 2: The Farm Promise
A son claimed his father verbally promised him the family farm while they were out on a tractor. With no witnesses and no formal will, the court rejected the oral claim, dividing the estate under intestacy rules.
Lesson: Most oral disputes in Australia fail without corroborating evidence.
Case 3: The Phone Video
A man recorded a video naming his niece as the sole heir. Though contested, the court accepted the video as a valid informal will due to its clarity, supporting evidence, and alignment with the deceased’s known wishes.
Lesson: Non-traditional wills may succeed, but context and proof are critical.
Legal Challenges in Oral Will Disputes Australia
While the law allows for informal wills, oral wills carry significant risks. The burden of proof lies with those claiming the verbal statements represent the deceased's final wishes.
To be considered, an oral will must show:
- Clear and voluntary intent
- The deceased was of sound mind
- No existing written will contradict the spoken one
In the absence of this proof, oral will disputes in Australia often lead to lengthy court battles and fractured families.
Why Are Oral Will Disputes in Australia Increasing?
Several factors contribute to the rise in these disputes:
- Lack of formal wills
- Sudden or unexpected deaths
- Emotional conversations mistaken for legal declarations
- Complex family dynamics and blended relationships
- Rising estate values
- Misunderstanding of what qualifies as a valid will
For Australians aged 40–70, these disputes serve as a clear reminder to document your wishes properly and update your will regularly.
The NSW Succession Act and Informal Wills
Section 8 of the Succession Act 2006 (NSW) gives courts discretion to validate informal wills, including:
- Notes on phones
- Typed documents without witnesses
- Voicemails
- Videos
- Verbal statements (rarely)
However, verbal wills are the least likely to be upheld, as the lack of a tangible record makes it nearly impossible to prove.
Avoiding Oral Will Disputes Australia: How to Protect Your Legacy
To minimise the risk of legal disputes over your estate:
- Create a formal will with a lawyer
- Update it after life changes (e.g. marriage, divorce, birth)
- Don’t rely solely on verbal or last-minute instructions
- If using video/audio, always back it up with a signed written will
- Store multiple copies and inform your executor
Legal Finda connects you with experienced estate planning lawyers who specialise in oral will disputes in Australia and can help ensure your legacy is protected with legally sound documentation.
Conclusion
While oral will disputes in Australia may stem from genuine intentions, the courts demand clear, consistent, and properly documented evidence. Whether it’s a verbal promise made in passing or a heartfelt video, only legally compliant wills can stand up in court.
Don't leave your estate to chance. Let Legal Finda guide you through the process of creating a secure, enforceable will — and avoid the stress and conflict that often accompanies oral will disputes in Australia.
Talk to a trusted estate lawyer today and secure peace of mind for your future.
