10 Aug 2020
The document, taken together with the applicants' unchallenged evidence about the deceased's discussions and intentions, sufficiently expressed the deceased's testamentary intentions; accordingly the Court exercised its jurisdiction under s14 to declare the document dated 20 November 2019 to be the deceased's valid will despite non‑compliance with s11.
22 Jul 2020
Solicitor's contemporaneous evidence established that the draft document recorded the deceased's instructed changes to her prior signed will; the unsigned state resulted from oversight given the sale of the house and rapid deterioration in health, and on the balance of probabilities the document expressed the deceased's testamentary intentions so the Court ordered it valid under s 14 Wills Act 2007.
26 May 2020
On the evidence the Option 1 document was prepared in accordance with the deceased's clear instructions, reflected his testamentary intentions at the time of amendment and at death, and the deceased likely overlooked or did not get around to execution; accordingly s14 empowers the Court to declare the document valid as his will.
31 Oct 2018
On the unchallenged factual narrative and evidence provided by the applicant, the Court was satisfied the unsigned document embodied the deceased's testamentary intentions and, pursuant to s14 Wills Act 2007, declared the document to be her final valid Will.
18 Jan 2013
On the evidence, including the deceased's change in circumstances, contemporaneous discussions with the applicant, the content of the handwritten note and the drafting history of the formal documents, the handwritten note manifested the deceased's testamentary intentions and therefore, under s 14 Wills Act 2007, the Court declared that handwritten note to be the deceased's valid will; the application was appropriately heard without notice.
20 Dec 2011
Applying s14 of the Wills Act 2007, the Court was satisfied from the circumstances—purchase and completion of a pre-printed will form, contemporaneous attendance of witnesses, imminent surgery and ill health—that the document expressed the deceased's testamentary intentions; the failure to sign was a mistake rather than a revocation, therefore the document is valid as his last will.
13 Dec 2010
Although the will did not fully comply with the formal execution requirements of s11, the document plainly expressed the deceased's testamentary intentions and therefore the Court could and did declare the document valid under s14(2) and grant probate in solemn form.