“I Wish…” Isn’t Enough: The Hidden Risks of Homemade Wills

When drafting a will, many people believe that as long as their intentions are written down, their wishes will be followed.

Unfortunately, a recent Queensland Supreme Court decision shows that this assumption can be dangerously wrong.

What happened in this case?

In Re Negrean; Borbil v Borbil [2025] QSC 66, a woman prepared her own will without legal assistance.

Her intentions seemed clear to her — she wanted one of her sons to continue living in her home.

However, the way she expressed this wish created significant legal problems after her death.

Her will was filled with:

• vague wording,

• grammatical errors, and

• inconsistent instructions.

As a result, her children could not agree on what she meant.

The dispute ultimately ended up in the Supreme Court.

Why did the will cause so many issues?

The key problem came down to language.

1. A “wish” is not a legal instruction

The will stated that the son could remain living in the property, but used words like:

“I wish…”

The Court confirmed that this type of wording is not legally binding.

It may reflect a personal hope — but it does not create:

• a life interest, or

• a legal right to reside.

2. Poor drafting created confusion

The will also contained:

• unclear directions about personal belongings

• inconsistent clauses about asset distribution

• uncertainty surrounding repayment of alleged debts

This made it impossible to administer the estate without court involvement.

3. The Court cannot guess intention

Even where a person’s intentions seem obvious, the Court is limited by the actual words used in the will.

If those words are unclear, the Court:

• cannot rewrite the will, and

• cannot assume what the person “must have meant”.

What was the result?

Instead of smoothly distributing the estate:

• The executor had to apply to the Court for directions

• The estate incurred significant legal costs

• The matter caused family conflict and delay

Ultimately, the Court interpreted the will based on enforceable legal principles — not the deceased’s informal or unclear wording.

Why this matters for you

This case highlights a critical issue:

Good intentions are not enough — your will must use legally precise language.

Homemade wills often fail because they:

• blur the line between wishes and binding gifts

• do not properly define legal interests (e.g. life interests vs occupancy)

• create ambiguity that invites disputes

The real cost of a DIY will

The irony is this:

Trying to save money on legal fees can result in:

• expensive court proceedings

• reduced estate value

• strained family relationships

• outcomes that do not reflect your wishes

How to avoid this outcome

To protect your estate and your family:

• Ensure your will is professionally drafted

• Use clear and legally enforceable language

• Avoid informal expressions like “I wish” or “I would like”

• Properly document:

  • rights to reside

  • life interests

  • debt arrangements

Final word

The lesson from Re Negrean; Borbil v Borbil is simple:

If your will is unclear, the Court—not you—decides what your words mean.

A well-drafted will does more than record your wishes.

It ensures those wishes are:

• legally enforceable, and

• carried out exactly as intended