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