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Wills Act, s 14

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Will validation declined

In Estate of Clement Grau J declines to validate a will that was made shortly before the deceased died from surgical complications. The application, which was unopposed, proceeded in the papers. An affidvit filed in the proceedings by the deceased’s former partner raised “red flags” regarding the: As noted at [8]: [8] On 29 April … Continue reading

Red flags

Churchman J’s decision in Lane v Li, which runs to 239 paragraphs over 46 pages, relates to allegations that the deceased did not have testamentary capacity when a will was made together with an allegation of undue influence. As noted at [31]: [31] The Court is also in the unusual situation of having available to … Continue reading

Insufficient clarity

In Estate of MTMW Pepere Boldt J declined to validate a transcript of two videos as a valid will. Boldt J noted that the deceased was plainly unwell and that it would have been impractical to draft and execute a formal will. Boldt J recorded at [8] that a “… transcript of a video recording … Continue reading

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