RE MARTIN (DECEASED)

59 VR 584·McMILLAN J
59 VR 584
59 VR 584
RE MARTIN (DECEASED) Supreme Court of VictoriaMcMILLAN J 10 December 2018, 25 June 2019[2019] VSC 424Administration and probateInformal willDeceased made both formal will and informal document purporting to express different testamentary intentionsRequirements for entering informal will into probateWhether informal document intended by deceased to be her willWhether common law requirements of testamentary capacity and knowledge and approval metWills Act 1997 (Vic), ss 9(1),12–15.

The deceased made two documents setting out her testamentary intentions. The first, executed in 2007, was a formal will, which appointed an executor and named the executor as the beneficiary (the 2007 will). The second document was not formally executed as a will; it was undated, unsigned and unwitnessed, yet it purported to express the deceased’s testamentary intentions and to revoke all former wills (the informal document).

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