22 Jun 2020
Although the testamentary document did not comply with s11 because it was executed before the property manager's court-authorised power took effect, the High Court under s14 was satisfied on the evidence (affidavits and Family Court approval) that the document expressed the deceased's testamentary intentions; accordingly the document is declared the valid will of Rosalie Jean Ambrogio.
17 Sept 2018
The Court accepted the Police senior document examiner's expert opinion that the signature and witness details were authentic, accepted the credible oral evidence of the witness Rodney Stone about execution and testamentary intention, found no evidence of undue influence and no lack of testamentary capacity under Banks v Goodfellow, and therefore under s14 the handwritten document dated 7 June 2013 (signed 8 June 2013) expresses the deceased's testamentary intentions and is declared the valid will despite only one witness to signing.
23 Apr 2018
The will dated 23 June 2017 was declared valid under s14 of the Wills Act 2007 because it expressed the deceased's testamentary intentions and the circumstances (including beneficiaries' consent and the facts of signing and subsequent witnessing) justified validation despite the witnesses not being present together.
9 Oct 2014
The appointment of Mr William Malcolm Patterson as temporary administrator under s7 Administration Act 1969 vested in him the rights and powers of a general administrator (except distribution), including the right to call for and take delivery of the deceased's will and power of attorney files from the plaintiffs; the plaintiffs, as non‑acting executors while an administrator is in office, must deliver the files and cannot resist production by claiming privilege in respect of documents relevant to a beneficiary, with any privilege claims to be determined by the administrator under s66 Evidenc…