Homemade Will evicts son from family home: a $100,000 tragedy

The homemade Will in Re Negrean; Borbil v Borbil

Mrs Raveica Negrean loved her son, John. She wanted him to be safe and live in her home when she died.

So, the mother wrote in her homemade Will:

“[To] my son John Negrean (Ioan Borbil) principal place of residence and I wish it to continue being his home for as long as he wanted to be.”

This single sentence sparked the ill-fated litigation in Re Negrean; Borbil v Borbil [2025] QSC 66. (See also Re Negrean; Borbil v Borbil [2025] QSC 356.)

A mother’s love goes wrong

She thought she was saving money on legal fees. Instead, she signed a warrant for the destruction of her children’s wealth.

The “Wish” in the Will that destroyed a family

The Court held that the phrase “I wish” was merely precatory—expressing a hope rather than a command. As a result, the Will failed to create a binding Life Estate or Right to Reside. This left John with no right to live in his mother’s home after she died.

But the story gets worse.

Because the Will was unclear, the brothers fought. The legal costs skyrocketed. By August 2025, the estate’s legal fees had reached $109,999.20.

And, most importantly, there was no cash left to pay the lawyers!

So the executor was left with no choice but to sell the family home—not to distribute wealth, but simply to pay the debts arising from the homemade Will.

Wills are for Gifts — not Loan Agreements

The Will also failed because it attempted to double as a  Loan Agreement and a Forgiveness-of-Debt Agreement.

Use a Will solely for its purpose: distributing the assets you own at the time of your death. Keep Loan Agreements and Deeds of Debt Forgiveness outside of your Will. They are separate legal documents. (See also Collins v Marinovich [2021] QSC 199.)

The homemade Will’s final insult: eviction

John did not just lose the argument. He lost everything.

While the court case dragged on, with great entrepreneurial gusto, John illegally leased the home and kept the rent for himself. To make matters worse, John was taken into custody on an unrelated matter.

The incarceration made it more difficult for John to obtain financing to purchase the home from the estate. He appealed to the court for help, but in Borbil v Borbil [2025] QSC 356, the Court ordered John and his tenants to leave the home.

Because of Mum’s penny dreadful Will:

• The House is sold: Not to the family, but to strangers, to pay the legal fees.

• John is evicted: The Court ordered John and his tenants to leave by October 2025.

• The Inheritance is lost: The equity in the home is decimated by litigation costs.

How to avoid this homemade Will disaster – three lessons on how to draft a specific gift

The mother, Raveica, had good intentions. Her execution was fatal. You can avoid this scenario with the appropriate Legal Consolidated documents.

While we do not like specific gifts, these are the three requirements.

1. Do not “Wish”—Create a Life Estate

If you want a child to live in your home after you die, you cannot use vague words like ‘wish’ or ‘use‘. You must create a “Life Interest” or a “Right to Reside.” This creates a structured legal right that protects the beneficiary and the property.

A Granny Flat Agreement establishes the legal right to occupy a property, ensuring security of tenure.

2. Protect the Asset with a 3-Generation Testamentary Trust

The mother, Raveica, prepared a homemade Will that exposed the estate to attack. A 3-Generation Testamentary Trust Will reduces the chances of ambiguity and keeps the asset within the family, protecting them from bankruptcy, divorce, and death taxes.

Document to use: 3-Generation Testamentary Trust Will

3. Wills are for Gifts, not Loan Agreements

The Will also tried to mention money owed to John. This failed.

A Will is designed to do one thing: dispose of your worldly assets. It is not the place to attempt to document a loan that should have been executed years ago. If you try to “fix” undocumented loans in a Will, you create a tax and legal mess. If you lend money to your family, you must sign a Loan Agreement at the time of the loan.

Document to use: Loan Agreement (Parent to Child)

The Lesson from trying to put a ‘wish’ in a Will

The mother, Raveica, tried to save money by writing her own Will. It cost her estate over $100,000 in legal fees and left her son homeless.

Speak to your accountant and financial planner. They can start the Estate Planning process and build the required documents on our law firm’s website.

Do not risk your family’s future on a stationery store Will Kit.