2 Jul 2021
The court was satisfied the 12 March 2019 document expressed the deceased's testamentary intentions because it was annotated and signed in his handwriting, expressly stated it was to change his will, was made at his direction while hospitalised in the presence of family and reflected rational reasons for the changes; accordingly the document was declared a valid codicil under s14 Wills Act 2007.
8 Oct 2020
Evidence established a drafting error and clear contrary intention of the testator such that, under s 31 of the Wills Act 2007, the will must be amended to reflect the testator's intention that his share in the residence pass to his children on expiry of the life interest; the application could be determined without notice because affected persons consented.
17 Sept 2013
The 2012 document was found to accurately record Mr Smith's testamentary intentions as given to his solicitor on 20 December 2012, and the court was satisfied he would have signed it but for his death; accordingly the document is declared valid as his will under s 14, and the application could be heard without notice because affected parties were not sufficiently identifiable.