23 Jul 2018
Leave to appeal was refused because the grounds advanced did not raise any question of law or fact capable of bona fide and serious argument, the matters complained of were outside the scope of the appeal (including will validity and alleged criminality), and there was no procedural unfairness or legal error warranting further appeal given the lengthy procedural history and opportunities to address issues.
9 Nov 2016
The defendant's opposition was bona fide and reasonable and the litigation, while arising from the state of the deceased's affairs, did not attract blame to the testator; applying the Court's discretion and established principles the just outcome is that costs lie where they fall; accordingly no order for the defendant to pay the plaintiffs' costs and no general order that the estate pay costs, but the plaintiffs' solicitor's costs are properly charged to the estate on an indemnity basis.
9 Jul 2012
The unsigned amended draft will was declared valid because contemporaneous instructions and communications demonstrate it reflected the deceased's clear testamentary intentions, the lack of signature was due to sudden death rather than revocation or change of intention, and the persons who would be adversely affected under intestacy had consented, permitting validation under s14 Wills Act 2007.
30 May 2012
The Wills Amendment Act 2012 amended s11 and repealed s40(1)(k), so the attestation in the 6 December 2002 will complies with the amended s11 and s14 relief is available; accordingly the will is properly declared valid and a s31 correction is unnecessary.
18 Oct 2011
On proper construction the attestation clause, read as a whole and in context, records that each witness was present when Ms Lewis signed the will (the word 'her' is a slip for 'our' and 'attested' imports the witnesses' presence), therefore the will complies with s 11(4)(b) and is valid.