What Lewis v Watson [2025] QSC 35 Teaches Us
When someone dies, family and friends often try to honour their loved one’s true intentions, especially when they face confusion about an informal document such as a handwritten letter or note.
But can Queensland law ever recognise a handwritten document as a valid will? The Supreme Court of Queensland recently reaffirmed the legal position on this issue in Lewis v Watson [2025] QSC 35.
What Queensland Law Says About Wills
Under the Succession Act 1981 (Qld), for a will to be automatically valid, it generally must:
- Be in writing
- Be signed by the person making the will (the testator)
- Be signed by two witnesses who are present at the same time
However, section 18 of the Act gives the Supreme Court a discretionary power to recognise a document that was not executed properly as an “informal will” if the Court is satisfied that:
- A document exists
- It embodies the deceased’s testamentary intentions
- The deceased intended it to operate as their final will
The Court has confirmed that there is no particular form required to satisfy section 18. Over the years, Queensland courts have accepted a variety of documents as informal wills, including:
- Handwritten notes drafted shortly before death in Re GEW
- Three unsent text messages in Re Nichol; Nichol v Nichol & Anor
- Video recordings on mobile phones in The Estate of Leslie Wayne Quinn (deceased)
- Five audio-recorded voice memos in Re Estate of Carrigan (deceased)
- Documents created on an iPhone in Re Yu
- A DVD recording in Mellino v Wnuk & Ors
However, not all informal documents qualify. For example, in Mahlo v Hehir, the Court rejected unsigned documents saved on a computer.
Case Highlight: Lewis v Watson [2025] QSC 35
In this case, the Supreme Court of Queensland was asked to decide whether a handwritten letter written in 1991 could be treated as an informal will under section 18 of the Succession Act.
Key facts:
- The deceased, Stewart Gray, had a formal will made in 1989 leaving his estate to his father
- After Mr Gray died in 2024, Keelan Lewis sought to have a handwritten letter addressed to his mother recognised as a valid informal will that would override the formal will
- The letter contained emotional language and statements about giving wealth to the letter’s recipient and her son
- The Court examined whether the letter truly showed that the author intended it to operate as his final will
Outcome:
The Court rejected the application and held that the letter did not express an intention to serve as a will and failed to meet the legal standards for an informal will. The formal 1989 will continued to operate.
Justice Treston explained that section 18 gives the Court flexibility, but emotional or aspirational language—such as expressions of affection—does not clearly show an intention for a document to function as a will.
What This Means for Queensland Estate Planning
- A handwritten note or letter usually does not suffice
Even if a document mentions money or inheritance, the Court closely examines whether the author genuinely intended it to serve as a will. Emotional letters often fail this test. - The safest approach is to execute a formal will properly
A will that complies with statutory formalities—writing, signatures, and witnessing—eliminates uncertainty and prevents costly court disputes. - Courts recognise informal wills only in limited circumstances
The Court must find that the document clearly demonstrates testamentary intent, which requires more than general wishes or affectionate language.
Practical Tips to Avoid Disputes
- Update your will regularly, especially after major life changes
- Avoid relying on emails, notes, texts, or personal letters to state your testamentary wishes
- If you have any doubt about testamentary intention or execution requirements, seek legal advice early—we are happy to assist
Dealing with Informal or Disputed Wills?
If you are involved in an estate where someone claims a non-traditional document should be treated as a will, or you are concerned about a loved one’s intentions, it is important to get expert legal guidance.
Innojustice estate dispute lawyers can help you understand whether a document could be a valid will and guide you through challenging or defending claims in the Supreme Court.
Contact us for a tailored estate dispute review via [email protected] or call 0420 826 770.
Disclaimer: This article provides general information and does not constitute legal advice. External Links (if any) are provide for reference.