Bizarre ‘will’ leaves family in sticky situation
A JUDGE has been asked to decide whether two handwritten Post-it Notes are the last will of a Logan woman with an estate worth millions, in what may be an Australian legal first.
The notes, dated December 25, 2013, were allegedly found stuck to the bottom of the first page of Kim Louie's 2009 will after her death last December. The 59-year-old's signature on the "Post-it Note will'' was not witnessed and is now the subject of a Supreme Court case, with claims that another will may have been destroyed.
The case is pitting Ms Louie's mother, Janice Louie, and Kim Louie's sister, Jessica Lee - who stand to inherit her entire estate if the Post-it Note will is accepted - against her brother, Robert Louie.
Mr Louie is questioning the legitimacy of the Post-it Note will compared to his "meticulous'' sister's detailed six-page typed 2009 will. In that will, Ms Louie, who never married or had children, left 70 per cent of her estate to her mother and Ms Lee. The rest was to be split between brothers Robert, Nigel and Bradley, and her late brother Jeffrey's two daughters.
She gave detailed instructions about her cremation and the care of her pets, which died before her.
Ms Louie's mother, Ms Lee and their solicitors were recently ordered to hand over all estate documents and funds, as well as Kim Louie's computer and mobile phone, to a court-appointed estate administrator.
On Thursday, the administrator told Justice David Boddice two new documents "of a testamentary flavour'' had since been found.
Robert Louie said in a court affidavit that last year Kim told him she wanted to make a new will and later indicated she had left one at home, but she never mentioned Post-it Notes.
He said in his affidavit one of his brothers had been told another will found at her home after her death had been destroyed.
Mr Louie said Kim was once offered almost $4 million for her property at Holmview, Brisbane.
In a court document, Ms Lee said her sister's property was recently valued at up to $3.2 million. She also listed other assets worth more than $600,000.
She said that after Kim's death, she found the Post-it Notes stuck to the 2009 will, inside a folder her sister had left in her care.
"I, Kim Karolynne Louie, revoke all wills and make this my last Will as at 25 December, 2013,'' the first note said.
"Everything I own, including my house, land, car and all house contents and jewellery, are to go to my Mother, Janice Laura Louie and Jessica Janice Lee, my sister, in equal shares.
"My mother is to live as long as she likes on my property. I love all my family but my Mum and sister need my total estate.''
The second Post-it Note said: "I know I don't have a witness, but this is my signature Kim K Louie for my Will dated 25/12/2013."
A forensic examiner's report was inconclusive about whether the handwriting and signatures were written by the one writer.