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Hamilton case reveals expensive cost of DIY estate planning
A recent 2025 NSW Supreme Court case, Estate of the Late John Currie Docherty Hamilton [2025] NSWSC 932 highlights a problem we see far too often in estate planning: a will that does not clearly reflect a person’s intentions.
In this case, Mr Hamilton prepared his own will using a basic will kit and left a specific property to his daughter. However, before his passing, Mr Hamilton sold the property specified in the will and moved to another residence. Unfortunately, the old address was specified in his will and never updated.
What was the key problem in the Hamilton case?
The problem with Mr Hamilton’s DIY will is that it did not clearly address what should happen if he no longer owned the specific property he had bequeathed to his daughter.
This created uncertainty and ultimately led to a legal dispute that required the Supreme Court to determine what Mr Hamilton’s intentions were.
The Court was left with the difficult task of using contextual information to “discern the deceased’s intention.” This can be quite challenging, particularly when those involved may have competing personal interests in the estate.
While complex legal wording is not always necessary in a will, many people underestimate how easily a seemingly simple sentence can create confusion, especially when circumstances change over time.
Merinda Logie of Logie Legal says:
“This case shows that small mistakes in grammar or writing in a self-made will can cause a lot of expensive problems for your family after you pass. It can mean that your intentions are ambiguous and an unintended person receives a property or inheritance.”
What are the costs of a DIY-will that goes wrong?
While the Court ultimately ruled in favour of the daughter receiving a replacement property, the real question is: at what cost?
Court proceedings, legal fees, delays and ongoing uncertainty can quickly erode an estate, and place significant stress on families during an already difficult time.
The risk with will kits or self-written wills is not always what they say, but what they leave out. A missing clause, vague wording or change in circumstances can dramatically alter how an estate is distributed. Selling a property, entering a new relationship, starting a business or restructuring assets can all create unintended gaps.
What begins as a low-cost DIY solution can result in months – or even years – of disputes over what someone truly intended.
Merinda Logie adds, “There are a number of ways that a gift can fail legally.”
When instructions are unclear, it is no longer your intentions that matter most, but how a court interprets the words on the page after you are gone.
The assets your will won’t cover
It is also important to understand that not all assets are covered by your Will.
Assets such as superannuation, life insurance within super, family trusts and jointly owned property are often governed by separate legal arrangements. If these are not properly aligned with your will, your wealth may not be distributed as you expect.
Merinda Logie recounts one of her own cases where the willmaker wrote their own will, without assistance from a professional.
“The deceased person made a very thoughtful will, with lots of notes to accompany it, trying to make it fair for her family. But one of the gifts could not work from a legal perspective. She tried to gift a property jointly owned with someone else. That gift failed and meant the equality of her gifts across the beneficiaries became unfair and not what she would have wanted. Also, because there was litigation, a cherished family holiday house had to be sold to pay for legal fees.”
A well-structured estate plan helps reduce the risk of disputes, minimise delays for your loved ones and ensures your assets are distributed according to your wishes.
Just as importantly, it provides clarity and certainty for your executors and beneficiaries at a time when they need it most.
Take action with your estate planning
If you have prepared your own will, have not reviewed it in some time, or are unsure whether your estate plan properly reflects your current circumstances, now is the time to act.
Contact the RSM team to review your estate planning arrangements and ensure your will, superannuation nominations and asset structures are working together to protect your family and your legacy.
