The importance of engaging a solicitor to draft your Will

The case of Di Trapani & another v Di Trapani & others [2026] QSC 20 involved the Supreme Court of Queensland's Trial Division addressing disputes over the construction of the will of the late Elizabeth Anne Di Trapani, who passed away on 21 November 2023.

The key issues revolved around the interpretation of various clauses in her will, which was executed on 24 November 2010 without legal assistance and by Mrs Di Trapani’s accountant to whom her and her husband had known for some time. The will included provisions concerning both personal and trust assets, leading to significant clarification.

Mrs Di Trapani’s executors were two of her four surviving children and her assets consisted of the following:

1. Estate assets consisting of Mrs Di Trapani’s home and household contents, investment property, personal
   items and cash at bank;
2. Shareholding in companies Di Trapani Constructions and Glutolo; and
3. Unpaid entitlement owing to Mrs Di Trapani from her Family Trust.

Mr and Mrs Di Trapani made wills with their accountant on 24 November 2010 in near identical terms. Mr Di Trapani passed away before Mrs Trapani. Their accountant did not have any legal qualifications and witnessed them sign their wills. It is not known whether their accountant provided any recommendations to them and the process that was undertaken by the accountant for the preparation of their wills is unclear. In a document that was provided by the accountant he considered that he was “entrusted” with Mr and Mrs Di Trapani in respect to their wills including that they believed that legal disputes would be expensive and cause delays.

Under the Will, there were several gifts made to beneficiaries including of trust property and properties that the deceased no longer owned. Mrs Di Trapani’s trust owed Di Trapani Constructions the sum of $1,156,295.63 and the sum of $120,000.00 was owed to Mrs Di Trapani by way of unpaid entitlements to trust income.

The court concluded that Mrs Di Trapani’s will could not compel the trustee company to transfer trust assets or forgive intercompany loans. The executors of the will were directed to agree on a form of order reflecting the court's reasoning and submit it by 9 March 2026. In the event of disagreement, the parties were instructed to submit their respective positions and submissions by the same date.

This matter highlights the importance of obtaining professional legal advice when drafting a will, particularly when dealing with complex financial arrangements involving trusts and corporate entities. The court's decision underscores the limitations of a testator's powers over trust assets and the need for precise language in testamentary documents to avoid disputes among beneficiaries and executors.