What Happens When a Will is Never Signed?
A will sitting unsigned in a solicitor's drawer is not the same as having no will — but it is far from the same as having a valid one. A high-profile Melbourne estate dispute currently before the courts illustrates exactly what can go wrong, and why finalising your estate plan matters more than simply starting it.
When Melbourne billionaire Nick Andrianakos died unexpectedly in Greece in March 2025, he left behind a $2 billion property and petroleum empire. He had engaged professional advisers and reportedly had a revised will prepared. There was just one problem: it was never signed. His four children are now locked in a Supreme Court dispute — one relying on the unsigned revised document, the other three on the original signed will. A mediation in March 2026 failed, and the matter is heading to trial.
Preparation without completion is no protection at all. Starting your estate plan is not the same as finishing it.
So can an unsigned will ever be valid?
In Victoria, the courts do have a limited discretion to admit an unsigned will to probate — but only if it can be proved that the deceased genuinely intended that specific document to be their final will, without needing to do anything further. This is a high bar, and meeting it requires contested court proceedings, legal fees, and years of uncertainty for the family.
Even if an unsigned will is eventually admitted by a court, the process of getting there is costly, stressful, and divisive — and the outcome is never guaranteed. A properly signed and witnessed will avoids all of this entirely.
Why a properly executed will matters
- ✓It removes uncertainty. A signed, witnessed will is legally clear. There is nothing for family members to contest about your intentions.
- ✓It protects your family relationships. Estate disputes are among the most damaging conflicts families experience. A clear will removes the conditions for conflict before they arise.
- ✓It keeps your business safe. For business owners, a disputed will can freeze assets and paralyse operations at exactly the wrong moment.
- ✓It saves time and money. Contested estate proceedings can take years and consume a significant portion of the estate in legal costs.
- ✓It needs to stay current. Marriage, divorce, new assets, or a change in your wishes all require an updated will — properly signed and witnessed each time.
A final thought
Nick Andrianakos built a $2 billion business and engaged professional advisers throughout his life. He had a revised will prepared. Yet without his signature on that document, his family now faces years of litigation to determine what he actually wanted.
If you have been meaning to finalise your estate planning — or haven't reviewed your will in some time — now is the right moment. The process is straightforward. The alternative, as this case shows, is anything but.
The greatest gift you can leave your family is clarity — and clarity requires a signature.
