Lessons from the case of Di Trapani [2026]
In the case of Di Trapani & another v Di Trapani & others [2026] QSC 20, Mr and Mrs Trapani relied upon their trusted accountant to prepare and witness their final Wills. The couple held a strong belief that the legal system was too expensive and any disputes that could arise would take too long to resolve. As such, they did not wish to engage a solicitor to prepare their Wills. What ensued as a result was ironically, an incredibly complicated, expensive and lengthy proceeding that focused on interpreting the proper construction of several clauses of Mrs Di Trapani’s final Will.
Background & Parties
Mrs Di Trapani passed away on 21 November 2023. She was survived by her four children, two of which were the executors appointed in her Will. Mr Di Trapani had passed away many years prior on 17 June 2012. Both of their final Wills were executed on 24 November 2010 as prepared by their accountant, Mr Lowe.
As a result of inconsistencies and ambiguities within the Will, the executors applied to the Supreme Court of Queensland for various declarations as to the proper construction of several clauses within Mrs Di Trapani’s final Will.
There were a total of ten parties to the proceeding with five sets of legal practitioners and four barristers being engaged. A decision that the couple thought would save them money long-term had backfired in a monumental way.
Assets
Mr and Mrs Di Trapani had set themselves up well financially with many of their assets being held by a family trust. Mrs Di Trapani held in her sole name her home, an investment property, personal effects, cash in various bank accounts and shareholdings in two companies (one being the trustee of the family trust). There were a further four properties listed in Mrs Di Trapani’s final Will to be distributed that were in fact not held by her, but instead were held by the family trust.
Preparation of the Will
Mr Lowe, the accountant, had drafted the final Wills of Mr and Mrs Di Trapani by rewording and updating an old draft of their Wills that he had had access to. Unfortunately, Mr Lowe was unaware as to the identity or qualifications of the person who prepared the earlier draft. He also did not retain a copy of the initial draft. Though Mr Lowe had five pages of handwritten file notes from a meeting with the clients from 9 November 2010, the notes did not appear to contain any evidence that any recommendations had been given to the clients regarding their estate planning nor any legal advice had been provided to the clients by a proper practitioner. Mr Lowe’s drafting lacked understanding of a basic and key principle of will drafting being that a person’s Will can only distribute assets that they own in their personal capacity. Although Mrs Di Trapani was a shareholder and director of the trustee of the family trust, there were minimal succession plans in place upon her death. Some of the clauses that were the subject of the proceeding have been replicated as below:
“8.4 I GIVE my Shareholding in Glutolo Pty. Ltd. A.C.N. 010 067 795 to the Trustees of my Will for the purpose of consolidate, disposal, and transfer or my assets in the Mario Di Trapani Discretionary Trust.
…
8.6 I further instruct my Trustees and Directors and Shareholders in Di Trapani Constructions Pty. Ltd. and Glutolo Pty. Ltd., shall not make any further claims against one another in any intercompany loans and advances as at the date of my death.
…
CLAUSE 10 ALLOCATION OF BURDEN TAX
To the full extent permitted by law, My Executor will allocate the burden of any pay any Commonwealth or State Tax imposed in the future on the capital of My Estate, as though it were a testamentary expense.
CLAUSE 11 PROFESSIONAL ADVICE
I wish my Executor to obtain and consider the advice of Mr Tony Lowe of T Lowe & Co. on substantial decisions. Should my Trustees fail to reach a decision on substantial matters Mr Tony Lowe is appointed as arbitrator to the resolution.”
Issues and Judgment
Overall, there ended up being seven different issues that the Court had to decide on as a result of the ambiguities presented in ten of the clauses in the final Will of Mrs Di Trapani. In summary, the Court held that:
- The executors did not have any power to move the assets of the trust into the estate to enable them to be distributed in accordance with the final Will.
- Although the final Will gifted shares in the trustee company of the family trust to the executors, this in of itself did not give them any control over the trustee company.
- Mrs Di Trapani had no general power of appointment over the assets of the trust.
- Whilst the trustee of the family trust did have standard powers to distribute capital, the trust deed set out that distributions could only be made to primary beneficiaries of which the estate was not listed as a primary beneficiary.
Conclusion
This case highlights the importance of ensuring you obtain proper legal advice on any estate planning you may be completing. There are significant risks evident from this case that indicate that your wishes regarding distributions upon death may be unable to be carried out without seeking the proper legal advice. Whether your assets are held in a simple or complex way, an accountant or other non-legal adviser cannot provide you with everything needed to effectively prepare your Will.
Nevetts Lawyers can provide you with expert estate planning advice and guide you to accurately and efficiently implement your wishes into your Will. If you are interested in using our services to assist you in preparing a Will, please contact us here.
Author: Hayley Barrow
Published: 22 June 2026