Peter Brock’s DIY Will Disaster: How to Avoid His Mistakes

KEY TAKE-OUTS:

• DIY Wills may save time upfront, but they often lead to costly legal disputes and unintended outcomes.

• Peter Brock’s estate became a legal mess due to incomplete and invalid DIY Wills… despite good intentions.

• His failure to consult a lawyer meant his true wishes were never legally recognised, causing emotional and financial stress for his family.

• Working with Coutts can ensure your Will is clear, lawful, and protects everyone you care about.

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Co-Authored by Daniel De Maria

Planning for the Future: The High Cost of a DIY Will

If you’ve read our previous blogs on estate planning and DIY Wills, you’ll know that a Will acts as the safeguard that ensures your loved ones and wishes are cared for once you have passed away.  Whilst it is not necessary to obtain legal advice in relation to drafting and executing Wills, there are many pitfalls that testators can fall into if the Will is not prepared properly.

While many Australians are familiar with the fame and prestige that surround Holden legend Peter Brock, his story serves as a prime example of how things can go terribly wrong when estate planning is done without adequate legal advice. Despite Brocky’s good intentions, his estate became a source of legal chaos and emotional distress for those he left behind. His story is a cautionary tale about the risks, and the very real likelihood, of things going astray without professional legal guidance.

 

The 1984 Will: A Solid Foundation

The year 1984 marked the height of Brock’s racing career. First place at both major endurance races of the touring car season—Sandown and Bathurst—as well as his attempt at the 24 Hours of Le Mans, were no small feats. However, 1984 also plays a significant role in our story because it was the year Brock drafted his first will.

Amid a chaotic racing season, he and his solicitor carefully structured a will. The will gave some monetary gifts to family members, all of his furniture and personal effects and a right of residency to Beverley Brock (they weren’t married, although she did take his last name) which allowed her to live in the home after Brock’s passing until the youngest child turned 18.

The remainder of his estate, known in legal terms as the “rest and residue”, was to go to his three children: Robert, Alexandra, and his stepson James.

 

The 2003 DIY Will: A Fatal Mistake

Although Brock had officially retired by 2003, that year saw his return to Mount Panorama to win the Bathurst 12 Hour (a different event from the 1000km race). It was also the year he decided to revise his estate planning.

Like many Australians, Brock’s personal circumstances had changed significantly since 1984. But as many Holden fans know, it was perhaps his same flamboyant attitude—particularly in his dealings with General Motors—that undermined his estate planning.

Much like his contract disputes with Holden, Brock disregarded legal formalities and used a DIY will kit to revise his estate plan. In this will, he completed the sections which appointed new executors, revoked/ended his earlier wills and stated his funeral wishes. Peter did not complete the section of the will kit which stated how his estate should be distributed. Instead, he told Beverley that he trusted her completely, and that she should fill in this section on his death with whatever she wanted to happen.

He signed the will in the presence of his personal assistant and Beverley. The personal assistant completed the witness section, but Beverley did not. Beverley never filled in the details about what was to happen to Peter’s property and the will was stored away in the safe.

 

The 2006 DIY Will: Too Little, Too Late

In 2006, Brock drafted what would become his final Will. By this time, he had separated from Beverley and was in a new, secret relationship with Julie Bamford.

He bought another DIY Will Kit into the office and asked his new personal assistant to write it up as he dictated it to her. In this will, Peter left all of the money in his bank accounts to Julie, his superannuation account to his children and all of his racing memorabilia to his charity, the Peter Brock Foundation. Peter’s personal assistant expressed some concern that his wishes were particularly complex and that he should see a lawyer to have his will drawn up properly. They put the DIY will kit into the filing cabinet. It was not signed by Peter or witnessed.

 

The Legal Outcome

Peter Brock tragically died later that year while driving in the Targa West Rally. While the public mourned Brock’s battles on the racing track, a battle over his estate soon began in earnest.

The court found that:

• The last will in 2006 was invalid, because it was not completed, signed or witnessed;

• The second will in 2003 was also not completed, but it was signed and witnessed by one person. The court found that the witnessing was not fatal, and found this will to be valid; and

• The first will in 1984 was revoked, because the first clause in the DIY Will Kit is pre-printed to say “I revoke all former Wills”.

So, even though the second will made in 2003 was held to be Peter’s last will, all this will did was revoke the earlier will, appoint two new executors, and did not contain any provisions about who the beneficiaries were or how to actually deal with his property.

What this meant was that the executors appointed under the will had to distribute the estate in accordance with the rules of intestacy – which is a hierarchy or order of beneficiaries that is determined by law. Because Peter had been separated from Beverley at the time of his death, and his relationship with Julie Bamford was not publicly known, the next in the hierarchy was his children – but this meant that only his two biological children, Robert and Alexandra were to inherit, and not his step-son James whom he had raised as his own. The outcome is very different to what Peter had dictated to his personal assistant in 2006.

Of course, Julie contested the outcome, and the matter was eventually settled privately. But the entire ordeal left those involved emotionally and financially drained, with Brock’s estate remembered in unnecessary legal confusion.

 

 

The Real Cost of DIY Wills

Peter Brock’s estate saga is a sobering reminder of how costly a DIY Will can be. Though the goal may be to save time or money, the risks are significant and often outweigh the short-term convenience:

• Incomplete or ambiguous wording can result in lengthy court battles.
• Incorrect witnessing or execution may invalidate the Will entirely.
• Failure to update personal relationships can unintentionally exclude loved ones.
• Legal costs and disputes can drain the estate and fracture families.

 

 

Why You Should Speak To Coutts About Your Estate Planning

Our experienced estate planning lawyers offers far more than a templated form. We will:

• Ensure your Will complies with the law and is legally binding.
• Help you structure your estate around complex family situations, including blended families.
• Advise on tax implications and other legal considerations.
• Provide secure document storage and ongoing review services.
• Help protect your estate from disputes and misinterpretation.

Having a Will drafted by a lawyer gives peace of mind not just to you, but to those you leave behind. It ensures your intentions are clearly heard and lawfully honoured—no matter how complicated your life may be.

 

Conclusion: Don’t Leave It to Chance

Peter Brock’s story is not unique, but it is high-profile. He had the foresight, resources and the assistance to get it right. Yet he, like many Australians, fell into the trap of trusting a DIY Will Kit.

At Coutts, we believe your legacy deserves the very best. A Will is more than just paperwork; it is your final act of guidance and protection for those you leave behind. With the help of our estate planning team, we can ensure that it’s done right.

Schedule an Appointment Now

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