25 Jun 2020
On the balance of probabilities the plaintiffs failed to prove an agreement or promise by the testators not to revoke their 2009 wills; the evidence established at best an honorary mutual expectation and not the required commitment of non-revocation under the equitable doctrine or s 30 Wills Act 2007, therefore the claim for a constructive trust/declaration failed.
12 Dec 2019
The Court found on the balance of probabilities that the 2002 mirror wills reflected an honorary mutual expectation and not a binding agreement not to revoke; there was insufficient cogent evidence of an ancillary non-revocation pact and therefore no basis to impose a constructive trust or to defeat the validly executed 2013 will; the plaintiffs' claim failed.
23 Mar 2018
The court declared the document to be the valid will under s 14 because the will filed for probate is the document the deceased intended to sign and it clearly expresses her testamentary intentions, even though she did not sign it, making validation under s 14 appropriate.