2 Apr 2019
Because the caveat did not raise an arguable challenge to the validity of the will and instead asserted a testamentary promises claim that must be pursued separately, the caveat was discharged and the order nisi made absolute; transfer of the Family Court proceeding was refused.
18 Dec 2018
On the balance of probabilities the medical evidence and corroborative lay evidence established that Jean Antoinette Young lacked testamentary capacity in February 2016, rendering the 2016 will invalid and leaving the 2006 will effective; accordingly the court granted probate of the 2006 will in common form.
15 Apr 2015
The document executed 6 July 2014 satisfied the statutory definition of a will (s8) and the formal execution requirements of s11 (writing, signature of will-maker, and signing by two witnesses in the will-maker's presence); the dispositions to the witnessing daughters are not invalid because s13(2) applies (there were additional witnesses present and the beneficiaries consented in writing); accordingly the document is a valid will and probate in common form should issue to the applicant as remaining executor.
10 May 2012
The court was satisfied on the affidavits that the will sent 4 November 2010 was signed and witnessed on 7 November 2010 in compliance with s 4 Wills Act 2007 and that the deceased had full knowledge of its contents; accordingly the court ordered service on the interested sister and directed that probate in common form be granted if no opposition is taken within 14 days of service.