Hill v Van Erp (1997) 188 CLR 159
- casetreasury
- Jul 29, 2024
- 1 min read
Facts: Mrs Currey instructed Mrs Hill, her solicitor, to redraft her will so as to give half her house, among other matters, to her friend and neighbour, Mrs Van Erp. Ms Hill attended Mrs Currey’s home for her to sign the will. The will was witnessed by Ms Hill and Mr Van Erp, Mrs Van Erp’s husband. The effect of Mr Van Erp witnessing the will caused the testamentary disposition to fail by virtue of s 15(1) of the Successions Act 1981 (Qld). The relevant property passed to Mrs Currey’s next of kin, not Mrs Van Erp. Mrs Van Erp sued Mrs Hill for negligence.