As an estate planning and litigation lawyer, there’s a phrase I hear repeatedly from clients dealing with intestacy disputes: “I wish mum had done her estate planning properly” or “If only dad had made a Will.” Client confidentiality prevents me from sharing their personal stories, but recent Western Australian case law provides sobering real-life examples of what happens when people die without proper estate planning.
These aren’t just legal technicalities – they’re human stories with very real consequences. Here are four recent WA cases that illustrate why having a valid will is so crucial.
When love becomes a legal battle
Curwood v Codde [2024] WASC 378
In February 2022, a WA man passed away without a Will, leaving behind a de facto partner. What should have been a time for grieving became a bitter legal dispute when his family contested the relationship.
The case took a particularly tragic turn when the deceased’s family attempted to disprove the de facto relationship by presenting evidence of alleged infidelities. While the court ultimately found that a de facto relationship did exist, the damage was done. There’s now a publicly available court decision that appears whenever anyone searches the plaintiff’s name online – a permanent record containing very personal details of their relationship.
This case highlights a harsh reality: when you die intestate, your most private moments can become public record in the legal battle that follows.
The dangers of desperation
Barnard v Heptinstall [2024] WASC 436
Sometimes intestacy disputes reveal the worst in people. When a 32-year-old Western Australian woman died without a Will in July 2019, a man claiming to be her de facto partner took matters into his own hands. He accessed her mobile phone and bank accounts after her death, attempting to change her superannuation beneficiary to himself.
This desperate act backfired spectacularly. Not only was he ultimately charged with fraud and imprisoned, but his claim to be her de facto partner failed entirely. The court found he couldn’t prove they had lived together as partners for the required two years before her death.
At just 32 years old, this woman likely never imagined her death would result in such chaos. Her story serves as a stark reminder that intestacy doesn’t just affect the elderly – it can impact anyone, at any age.
Cultural conflict and family heartbreak
Pryor v Huata [2024] WASC 13
Perhaps one of the most heartbreaking cases involves a 19-year-old who died in December 2023. Whilst I wouldn’t typically expect someone so young to have a Will, this case demonstrates that the consequences of intestacy extend far beyond money.
The boy’s death sparked a burial rights dispute between his parents. His mother, a Māori woman, wanted him buried in New Zealand according to her cultural practices. His father, a Noongar man, wanted burial in Perth on Noongar land. Because there was no Will appointing an Executor – who would normally have authority over funeral arrangements – both parents had equal legal standing under the Administration Act 1903 (WA).
The court ultimately awarded the father control over the burial, based on the deceased’s stronger connections to Perth during his lifetime. The additional grief this legal battle caused during an already devastating time is unfathomable.
When tragedy strikes the unprepared
Re Paul Allan Weeks; Ex Parte Weeks [2016] WASC 25
A slightly older case, the disappearance of Malaysian Airlines flight MH370 in 2014 created unprecedented legal challenges. One Western Australian passenger on that flight, Paul Weeks, left behind his wife and two sons both under the age of 5.
Because his body was never recovered, his wife had to apply to the court for leave to swear to her husband’s death so she could seek a grant of Letters of Administration. This suggests he either died intestate or had an invalid Will.
While the specific details of what followed aren’t publicly available, we can imagine the additional burden this placed on a grieving widow with two young children. If his assets exceeded the threshold in the Administration Act 1903 (WA), trusts would have been required for the children’s portions – adding legal complexity and ongoing administrative burden to an already tragic situation.
The broader picture
These four cases represent just the tip of the iceberg. Search through WA case law and you’ll find hundreds more examples, each highlighting the unintended consequences and legal complexities that arise when people die without proper estate planning.
The common thread is that these cases could all have been avoided with a properly drafted will.
The bottom line
Estate planning isn’t just about distributing assets – it’s about protecting your loved ones from unnecessary legal battles, preserving family relationships, honouring cultural wishes, and maintaining privacy during grief. It’s about ensuring that when you’re gone, your family can focus on healing rather than hiring lawyers.
Don’t let your family’s story become the next cautionary tale in the case law books. The cost of proper estate planning is minimal compared to the emotional, financial, and social costs of intestacy.
If you don’t have a Will, or haven’t reviewed yours in the past five or so years, consider this your wake-up call. Your family will thank you for it. Get in touch with our estate planning lawyers today.
