I am also interested in Allison's will. It was apparently made in 1997 before they were married. This is called a will "made in contemplation of marriage" and remains valid after the marriage. The will has to state specifically that it is made in contemplation of marriage to XYZ. If a will is made that is not stated to be in contemplation of marriage then the legal marriage makes that will completely invalid regardless of who is executor or beneficiary in it.
I have done wills for couples about to get married and they do it because they don't want have to worry about doing it after the wedding and before they go away, particularly overseas. Any will they may have previously had will be revoked by the marriage. A couple of weeks prior to getting married my spouse and I did wills in contemplation of marriage to each other. We had been together for years before we got married and owned assets together and had made wills appointing each other executor and beneficiary. However those wills would have been invalidated on our marriage. We have done a few updated wills since as kids came along and our assets changed but some people don't get around to updating their wills.
In the attached link, it states that GBC and ABC married on 23 August 1997 and then travelled overseas. Though we don't know how long after their wedding that they left for overseas.
http://www.news.com.au/national-old...bail-application/story-e6frfkvr-1226410326970
So it was prudent of them to make their wills in contemplation of marriage. We know that Allison appointed GBC her executor and beneficiary. She appointed her father the alternate executor and I guess ( but I haven't heard specifically) that any children yet to be born were backup beneficiaries with probably family members as second backup beneficiaries. GBC's will was likely done at the same time and likely a mirror image of Allison's.
There must have been no evidence of Allison having done a later will, otherwise
it would have been mentioned at Mr Dickie's application to be appointed administrator as the alternate executor named in her will.
If Allison had done another will say on the quiet, someone would know. Either a lawyer who did it or even if she bought a will kit from the newsagent or used a will online service, she would have needed 2 witnesses. I expect they would have been trusted friends. To me it sounds like no one has come forward with any info about this happening so I don't think it happened. Even if GBC had found it and destroyed it, the witnesses would have come forward.
It is a very interesting scenario now from a legal point of view. Mr Dickie has to administer Allison's estate and then hold it on trust pending the outcome of GBC's trial. If he is acquitted he then gets it, if convicted I am guessing the girls are the beneficiaries. In my opinion GBC can consent in the meantime to distributions being made to the girls from the estate as gifts out of his possible entitlement to be paid to their carers to be used for their living expenses. If he has his daughters interests at heart he will do this. It will be very interesting to see if this does happen. On the reverse scenario, as the girls are all under legal age, they do not have the capacity to consent to gifts being made to GBC out of their possible entitlement.
At some point when Allison's estate assets and liabilities are ascertained, this will I am sure be something that Mr Dickie will formally ask GBC through lawyers to consent to.
