1 Apr 2021
Although neither the 15 July 2015 revocation note nor the 14 June 2016 will complied with the s11 witnessing formalities, the High Court declared both documents valid under s14 because they were signed by the deceased and, on the facts and corroborating evidence (the 2015 letter, contemporaneous video and surrounding circumstances), plainly expressed the deceased's testamentary intentions.
1 Jun 2016
Admissions by the defendant, contemporaneous statements and supporting affidavit evidence established that the plaintiff and the deceased were in a continuing de facto relationship at the date of death and that the deceased had validly revoked her 1993 will and therefore died intestate; accordingly the defendant's contrary sworn account was not honest, a declaration of revocation and of the plaintiff's status as de facto partner was made, and the plaintiff had a prior right to letters of administration, but the Court declined to grant letters to the plaintiff on the r 15.15 application as it…
21 Sept 2009
Because the intending plaintiffs are minors within r 4.31(1) and their mother resides with them and seeks to act, the court appointed the mother as litigation guardian and found it appropriate to hear the appointment without notice under r 4.36(1) and r 7.46(3).
14 Jul 2009
On the facts the surrounding circumstances were equivocal and did not "show clearly" that the will was made in contemplation of Andrew's marriage to Kiri; accordingly s 18(1) of the Wills Act 2007 operated to revoke the will on marriage and an intestacy resulted; administration was granted to Public Trust and the parents' probate application dismissed.