29 May 2019
The typed solicitor's file note, read with the solicitor's affidavit and corroborating affidavits and beneficiary consents, sufficiently manifested the deceased's testamentary intentions under s 14 of the Wills Act 2007; the court therefore declared the typed file note a valid codicil to the will dated 15 June 2010, while excluding the less clear handwritten note.
22 Dec 2017
Although the document did not comply with s 11 (it was witnessed by only one person), the Court was satisfied on the evidence of the solicitor and the affidavits of the witness and the applicant that the document, prepared on the deceased's instructions and signed by him, expressed his testamentary intentions; accordingly the Court declared the document to be the valid will under s 14.
11 Oct 2017
Where the attesting witnesses were dead and direct witness affidavits could not be obtained, the court accepted affidavits from the executors and solicitors providing circumstantial evidence and applied the presumption of due execution on the balance of probabilities; that evidence established that the witnesses were most likely present when the testator signed, so s11(4) was satisfied and the document is therefore valid without recourse to s14.
9 Jan 2014
The Court declared the attached undated and unsigned document to be the valid will because the applicants proved on affidavit that the document accurately reflected the deceased's testamentary intentions, there was no prior will, the application affected only the applicants, and it was in the interests of justice to validate the document without notice, satisfying the requirements of ss13–14 of the Wills Act 2007.