An interesting article was published in The Australian today on electronic execution of documents (read it here). These times of COVID-19 restrictions have brought urgently to the forefront the need for law reform in the execution and witnessing of wills and enduring powers of attorney. Last week, the Queensland Registrar of Titles directed that for … Continue reading Electronic execution and witnessing of Wills and EPAs
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”?
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
Last week I did an ABC radio interview about video wills, discussing the recent mobile phone video will case I appeared in. Listen here.
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
See Courier Mail article published today on a case I was in last week.
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