What is a “Purported will”?

S33Z of the Succession Act (Qld) provides that a person who has possession or control of a will of a deceased testator must, if asked, allow an entitled person to inspect the will and/or give a certified copy of the will on payment of the person’s reasonable expenses. will includes— (a) a purported will or revoked will; and (b) a part … Continue reading What is a “Purported will”?

Another video will

This week Jackson J admitted a video recording to probate, made by the deceased and comprising a file on his personal computer. In it, the deceased said "My girlfriend would like me to do a will before I pick up my motorcycle. As I am too lazy, I’ll just say it... I’ll fill out the … Continue reading Another video will

Mobile phone video recording admitted to probate

Judgment was given and probate granted yesterday in the well-publicised case of the mobile phone video will.  Reasons yet to be published (they were given ex temp, but his Honour has indicated he intends to publish them), I will post them when they are. See the Courier Mail article here. A lot of fellow succession … Continue reading Mobile phone video recording admitted to probate

Note attached to will admitted to probate

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.

Will Instruction Sheet fails as informal will

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