Yesterday Peter Lyons J admitted to probate a signed but unwitnessed note, which was found stapled to the front of copy of a duly executed will. The note recorded monies which the deceased wanted repaid to one of his daughters prior to distribution of his estate. Read Fraser v Melrose here.
A solicitor's will instruction sheet was not admitted to probate as an informal will, in circumstances where the instruction sheets were incomplete in terms of what the deceased wanted included in his will and the deceased’s instructions were derived from different sources. McMillan J was not satisfied that the document, standing alone, and without any alteration or reservation, … Continue reading Will Instruction Sheet fails as informal will
Yesterday the Queensland Court of Appeal handed down its first decision on an informal will case. You can read Lindsay v McGrath here.
On Thursday the NSW Court of Appeal dismissed an informal will appeal. The trial judge had declined to admit the document to probate. The deceased left a valid will leaving everything to his wife. He also left a later document in the same form, with handwritten amendments, signed and dated but not witnessed, leaving everything … Continue reading Court of Appeal speaks on informal wills
This morning Martin J dismissed an application for probate of an informal codicil under s18 of the Succession Act 1981 (Qld). The deceased left a duly executed will, prepared by a solicitor. There was a later handwritten document, which was signed by her and dated, but not witnessed. It was stored with the will at a solicitor's office. … Continue reading Ineffective codicil
On 19 December 2014, a new 700A was inserted into the Uniform Civil Procedure Rules regarding in estate and trust matters. The new rule is set out below. Of course, these matters were always able to be taken into account in the court's wide discretion on costs, so it will be interesting to see what practical effect … Continue reading New costs rule
Judgment delivered today by Dalton J in Re Spencer discusses the timing of testamentary intention in relation to informal wills. Read Re Spencer here. (all parties' costs were ordered to be paid from the estate on the indemnity basis.)
Mirror wills were prepared for a husband and wife. Both wills were duly executed. By mistake, they each signed the will prepared for the other. Probate was sought of the husband's will under the informal will provisions of the NSW Act (their equivalent of Qld’s s18). Held – That effect may be given to testamentary … Continue reading Husband and wife sign wrong mirror wills – rectification or informal will application both appropriate