16 Feb 2023
The unsigned draft was declared the deceased's last will because admissible affidavit evidence established it reflected the deceased's testamentary intentions, there was no evidence she changed her mind, and interested parties consented, satisfying s14 of the Wills Act 2007.
6 Mar 2020
The court declared the draft will valid because the unexecuted document was prepared by the deceased's solicitor in accordance with precise instructions and the affidavit evidence (including the solicitor's emails and instructions) satisfied the court that the document expressed the deceased's testamentary intentions, thereby meeting the s14 gateway for validation despite non-compliance with s11.
26 May 2014
The Court was satisfied on the evidence (signed instruction form and affidavit of the preparer and absence of contrary evidence) that the unsigned 23 August 2013 document expressed the deceased's testamentary intentions at his death, and therefore, pursuant to s14 Wills Act 2007, the document was declared the valid last Will.
7 Oct 2013
The court validated the unsigned intended will because contemporaneous clear instructions to the solicitor, the solicitor's file note and corroborating hospital statements established the deceased's testamentary intention to alter his will before death; under s14 the document therefore expressed his will and should be declared valid despite non-compliance with s11.
8 Nov 2012
The Court was satisfied on the affidavit evidence (solicitor's contemporaneous notes and affidavit, beneficiary's affidavits and consent, absence of any competing will) that the unsigned document reflected the deceased's testamentary intentions within s14(2) of the Wills Act 2007 and therefore could be declared valid as her last will.
6 Jul 2011
The Court was satisfied on the balance of probabilities that the unsigned draft will accurately reflected the deceased's testamentary intentions and that she would have executed it but for her sudden death; consequently, under s 14 the draft will is declared the valid last will.