Queensland court ruling gives daughter share of flawed handwritten will
A Queensland judge ruled that parts of Neville Huxley’s handwritten will were legally ineffective, so his eldest daughter, Tina Gilbert, will inherit a share of his estate despite his direction that she receive only $100. The decision matters because it applies intestacy rules to property the will failed to distribute validly, while years of delay and legal disputes threaten to consume much of the inheritance.
Huxley died in 2021, aged 80, leaving an estate worth about $428,000 to be divided among his children. His 2013 will excluded Tina, saying she had “disowned” him in 1989, and sought to keep a family property for three sons with Fragile X syndrome; the judge found the property clause created no enforceable right for them. The court also heard that two co-executors had not completed the administration, which had been delayed since probate was granted in 2021.
In short
- Tina Gilbert will receive a share under intestacy rules.
- The handwritten will failed to protect the family property.
- Legal fees could consume most of the £428,000 estate.
Steelman: both sides, in good faith
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The case for
The ruling can be seen as a fair application of succession law: where a will fails to make a valid provision for property, intestacy rules provide a lawful way to distribute it. Giving Tina a share also recognises that an ineffective clause should not automatically leave her excluded from her father’s estate.
The case against
A reasonable concern is that the ruling may frustrate Huxley’s expressed wishes, including his decision to leave Tina only $100 and his aim of securing a family property for his sons with Fragile X syndrome. Even if the relevant clauses were legally flawed, those wishes may still matter to people who see testamentary freedom and the sons’ long-term security as important.
Explained simply
A will sets out how someone wants their property and money dealt with after they die. If a will does not validly cover part of an estate, the law may decide who receives that part under intestacy rules.
Neville Huxley died in 2021, leaving an estate to be shared among his children. His handwritten will set out different arrangements for his eldest daughter, Tina Gilbert, and for a family property intended for three sons with Fragile X syndrome.
The case concerns whether those instructions created legally effective rights and how the uncovered property should be dealt with. The outcome matters because it affects how the estate is divided, while legal disputes and delays can reduce what beneficiaries ultimately receive.
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Originally published by Daily Mail as “Father left his daughter $100 after he said she ‘disowned’ him – then a judge found flaws in his ‘DIY will’ that gave her a share of his estate”.