16 Dec 2020
The 1992 will was made in contemplation that the relationship would attain the status of marriage; the marriage that occurred was the contemplated marriage; therefore s 18(3) applies and s 18(1) did not revoke the will; dispensing with service was appropriate and in the interests of justice.
19 Mar 2013
The court found the circumstances existing when the Will was made (including a subsequent proposal during the overseas trip and the deceased's expressed intent to marry) demonstrated the Will was made in contemplation of marrying Helen Baker, therefore s18(3)(a)(ii) applied and the marriage did not revoke the Will; probate was granted to the named executors.
23 Apr 2007
The court held that there is no objection to combining an application to recall probate with an application for a new grant or letters of administration in the same motion, provided the applications operate sequentially in practice (the recall must be granted before any new grant can be made); accordingly the court granted recall of probate and letters of administration to the applicant because the will had been revoked by marriage and the original grant was mistakenly made.