Administration and probate — Will — Execution — Probate — Incorporation by reference of document not duly executed — Will leaving property "as per enclosed my last will and testament" — Writing entitled "Last will and testament" on back of will making disposition of property.

Administration and probate — Will — Probate — Mutilation — Specific bequest cut out by testatrix — Signature and part of attestation clause removed in so doing — Inadvertence — No intention to revoke — Restoration.

Administration and probate — Will — Probate — Devises to two sons of allotments described in general terms in written instructions executed as a will — Particulars of volume and folio numbers of certificates of title relating to devises afterwards supplied by testator — Allotments of equal area — Wrong numbers attached to respective devises in will and codicil prepared on instructions and particulars — Mistake — No power in Court of Probate to rectify.

Administration and probate — Will — Execution — Attestation — Will made by testator on printed form — Signed on first and second pages — Attestation only on first page, whether will sufficiently attested — Wills Act 1915 (No. 2749), s. 7.

Administration and probate — Will — Execution — Attestation — Will made by testatrix on printed form — Signed on first and third pages — Second page blank — Attestation only on first page, whether sufficient — Wills Act 1915 (No. 2749), s. 7.

Administration and probate — Will — Execution — Signature by testator and two witnesses — No formal attestation clause — Presumption of due execution — Wills Act 1915 (No. 2749), s. 7.

Administration and Probate — Will — Execution — Position of signature — Signature indorsed on document — Whether at or opposite to end — Intention to give effect by signature to writing as will — Wills Act 1915 (No. 2749), ss. 7, 8.

Administration and probate — Will — Foreign company appointed executor — Grant of administration c.t.a. to syndic — Syndic not in Victoria — Administration and Probate Act 1928 (No. 3632), ss. 5, 51.

Administration and probate — Will — Execution — Acknowledgment — Wills Act 1928 (No. 3808), sec. 7.

Administration and probate — Will — Execution — Position of signature — Signature indorsed on document — Intention to give effect by signing to writing as will — Wills Act 1928 (No. 3803), secs. 7, 8.

Administration and probate — Will — Document containing no disposition of property and no appointment of an executor.

Administration and probate — Will — Execution — Signature at end of dispositive provisions and above appointment of executors — Wills Act 1928 (No. 3803), secs. 7, 8.

Administration and Probate — Will — Construction — Application of assets — Payment of legacies — Administration and Probate Act 1928 (No. 3632), Second Schedule, Part II., cl. 2.

Administration and probate — Will — Execution — First page alone executed — Incorporation of other pages — Wills Act 1928 (No. 3803), sec. 7.

Administration and probate — Will — Dependent relative revocation — Destruction by testatrix with intention to revive earlier will — Declaration of intention not contemporaneous — Wills Act 1928 [No. 3803], secs. 18 (4), 20.

Administration and probate — Will — Execution — Signature — Part of an initial letter only — Wills Act 1928 (No. 3803), sec. 7.

Administration and probate — Will — Widow left without sufficient means of support — Application for provision out of testator's estate — Husband and wife living apart under separation deed — Covenant by wife not to make application — Discretion of Court — Administration and Probate Act 1928 (No. 3632), secs. 139, 143, 144 (1).

Administration and probate — Will — Widow left without sufficient means of support — Application for provision out of testator's estate — Distressed circumstances of widow — Matters to be considered by Court — Costs of unsuccessful application — Administration and Probate Act 1928 (No. 3632), sec. 139.

Administration and probate — Will — Widow left without sufficient means of support — Application for provision out of testator's estate — Matters to be considered by Court — Refusal of application — Appellate Court's discretion — Administration and Probate Act 1928 (No. 3632), sec. 139.

Administration and probate — Will — Admission to probate — Duplicate copies of will — Testator signing both copies — Witnesses each signing separate copies — Both copies admitted to probate — Wills Act 1928 (No. 3803), secs. 7, 8.

Administration and Probate — Will — Appointment of general executors — Testator a trustee of an estate — Separate appointment of executors of the trust estate — Form of grant of probate.

Administration and probate — Will — Beneficiary signing as witness — Share undisposed of — Closer settlement lease — Purchase money owing to establish freehold right — Whether testator's real estate or undisposed of part of testator's estate primarily liable for balance of purchase money — Intestacy — Division between widow and daughter — Whether daughter liable to bring share in testator's estate into hotchpot — Probate and Estate duty — Fund from which payable — Meaning of "residue" — Administration and Probate Act 1928 (No. 3632), secs. 34, 35, 47 (1)(f), 48 (a), 163 — Closer Settlement Act 1938 (No. 4597), secs. 22, 23, Second Schedule — Estate Duty Assessment Act 1914-1944, sec. 35 et seq.

Administration and probate — Will — Annuity to widow — Surplus income "subject to annuity" disposed of to son — Insufficient income to pay annuity — Whether arrears of annuity payable out of future income.

Administration and Probate — Will — Grant of administration c.t.a. — Testator's signature in attestation clause — Witnesses unable to remember signing by testator — Wills Act 1928 (No. 3803), sec. 7.

Administration and probate — Will — Construction — Printed form — Marginal instructions — Admitted to probate as part of will — Executors — Alternative appointment — Whether void for uncertainty.

Administration and probate — Will — Representative of Australian Red Cross Society with the army — Will made in army hospital — Whether "being in actual military service" — Wills Act 1928 (No. 3803), sec. 10 — Wills (War Service) Act 1939 (No. 4684), sec. 2.

Administration and probate — Will — Testator's family maintenance — Application within six months of grant of probate — Application out of time — Onus on applicant to show circumstances justifying enlargement of time — Administration and Probate Act 1928 (No. 3632), Part V., sec. 147 — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), sec. 6.

Administration and probate — Will — Originating summons — Deaths of two persons occurring about the same time — Evidence of survivorship — Presumption of survivorship — Property Law Act 1928 (No. 3754), sec. 184.

Administration and probate — Will — Testator possessed of land settlement leases — Payments to be made thereunder to establish freehold right — Specific devises of testator's "estate and interest" in lands subject to leases — Liability to make payments falling due after testator's death — Whether to be borne by specific devisees or testator's general estate — Administration and Probate Act 1928 (No. 3632), sec. 35.

Administration and probate — Will — Evidence — Statement in document written by testator — Admissible as tending to prove document propounded is not testator's will — Evidence Act 1946 (No. 5183), sec. 3.

Practice — Costs — Failure of propounder to prove document is will of testator — No power to order costs against person not a party to action — Rules of Supreme Court 1938, Order LXV, rr. 1, 14D.

Administration and probate — Will — Intention of testator — Undischarged mortgage on land devised — Gift of residue subject to payment of "all my just debts" and "all other charges" — Charges to be paid primarily out of property charged — Whether contrary or other intention signified — Administration and Probate Act 1928 (No. 3632), sec. 35.

Administration and probate — Will — Soldier — Killed on active service — Oral statements — Whether expression of final intention — Not necessary to show deceased knew he was making a will — Wills Act 1928 (No. 3803), sec. 10 — Statute Law Revision Act 1933 (No. 4191), sec. 2 — Wills (War Service) Act 1939 (No. 4684), sec. 2.

Administration and probate — Will — Omission of words from probate copy — Jurisdiction — Deletion of scandalous words.

Administration and Probate — Will — Execution — Whether acknowledgment by testator of his signature "in the presence of" both witnesses required — Wills Act 1928 (No. 3803), sec. 7.

Administration and probate — Will — Revocation — Unauthorised act of destruction — Possibility of ratification — Wills Act 1928 (No. 3803), sec. 18.

Administration and probate — Will — Caveat — Practice — Particulars of objection — Whether further particulars may be ordered — Rules of Supreme Court 1938, ch. III, rr. 31, 32.

Administration and probate — Will — Execution — Signature by testator and two witnesses — Presumption of due execution — Conflict of testimony by witnesses to will — When presumption becomes operative — Wills Act 1928 (No. 3803), sec. 7.

Administration and probate — Will — Codicil — Revocation — Second codicil conditional on beneficiary predeceasing testator but otherwise in identical terms with first codicil and confirming will — Whether first codicil revoked — Admission of will and second codicil to probate — Practice — Service of notice of motion for probate on interested beneficiaries likely to be affected by motion.

Will — Construction — Gift to four named nephews — No contingency annexed to gift — Whether beneficiaries take as individuals — Or as a class.

Administration and probate — Will — Share of residue undisposed of — Whether pecuniary legacies to be paid thereout — Administration and Probate Act 1928 (No. 3632), secs. 33, 34.

Administration and probate — Will — Document consisting of two sheets of paper unattached — Dispositive clauses on one sheet signed by deceased — Second sheet of paper containing attestation clause and signatures of two witnesses — Whether both sheets of paper together constitute the will of the deceased — Whether probate should be granted.

Administration and probate — Will — Document consisting of three sheets of paper unattached — First and second sheets of paper containing dispositive clauses signed by testator and two witnesses — Third sheet of paper containing only the date of the will, the attestation clause and signatures of the testator and the two witnesses — Whether the three sheets of paper together constituted the will of the deceased — Whether probate thereof should be granted.

Administration and probate — Will — Document consisting of printed will form with additions in manuscript — Witnesses' signatures appear on first page of document at the foot of the attestation clause and on third page of the document — Document not signed by testator in the presence of the witnesses — Whether acknowledgment of testator's signature — Whether name of testator in attestation clause and on third page of the document was intended as a signature — Whether writing in the document written before or after witnesses signed their names — Whether probate should be granted — Wills Act 1928 (No. 3803), sec. 8.

Administration and probate — Will — Disappearance of legatee more than seven years before testator's death — Distribution of estate — Whether legatee survived testator — Onus of proof — Form of order.

Administration and probate - Will - Application for probate of copy - Original lost - Last in testator's possession, but not forthcoming at death - Whether inferred that destroyed animo revocandi - Effect of consent of next of kin to grant of probate.

Administration and probate - Will - Gifts made subject to provision that bequests should revert back to estate if beneficiary predeceased testator and residuary bequests made after legacies and "subject to the above" - Priority of payment of debts etc. - Incidence of Victoria probate duty, debts, funeral and testamentary expenses, pecuniary legacies, and a legacy on estate as between surviving residuary beneficiary's interest and that of next of kin - Residue - Administration and Probate Act 1928 (No. 3632), s33, s34, s162, s163, 2nd Schedule - Administration and Probate (Amendment) Act 1948 (No. 5277) - Administration and Probate (Estates) Act 1951 (No. 5590), s4(3).

Administration and probate - Will - Incorporation for probate of document, a contract of sale, referred to in will.

Administration and probate - Will - Construction - Substitutional gift "to his heirs" - Intestate succession - Whether heirs take as joint tenants - Administration and Probate Act 1928 (No. 3632), s50 - Administration and Probate Act 1958 (No. 6191), s56.

Administration and probate - Will - General and specific legacies - Shares held at date of will later subject of take-over transaction - Effect of bequests - Meaning of words "or any successor thereto" - Inserting in will words evidently omitted by oversight - Executors' commission - Method of calculation where actual value of estate less than value passed for probate.

Administration and probate - Will - "The remainder of my money" - "All my personal effects".

Administration and probate - Will - Practice - Executor seeking probate of earlier will - Later will challenged - Validity of latest will should be determined first - Onus on caveator to prove revocation of will propounded - Administration and Probate Act 1958 (No.6191), s15 - Partnership Act 1958 (No. 6330), s37.

Administration and probate - Will - Bequest of "my life policy" - Testator holder of four similar life policies at date of death - Testator's mistake - Real intentions "my life insurance cover" or equivalent expression - Court's discretion to make substantial alteration in will if intention clear.

Administration and probate - Will - Testator intending to benefit son and others from farm owned by him and wife as joint tenants - Legal estate in property vesting in surviving spouse - Whether testator still retained beneficial interest in property - Allegation by son that farm constituted partnership property - Evidence of partnership not conclusive - Duty of personal representative to take action against widow - Whether trustee company bound to use its own funds - Duty of personal representative to seek Court's advice - In the absence of indemnity from estate or personally trustee not bound to take proceedings - Equity of son to seek remedy on behalf of estate - Son able to seek a declaratory judgment against mother - Rules of the Supreme Court, O.25, r5.

Administration and probate - Will - Execution - Whether attesting witnesses to will required to sign in the presence of each other - Whether testatrix should acknowledge her signature in the presence of both witnesses, both being present at the same time - Wills Act 1958 (No. 6416), s7 - Administration and Probate Act 1958 (No. 6191), s12(2)(b).

Administration and Probate - Will - Personal representative not a party to proceedings - Application for costs from the estate - Whether rules of natural justice apply - Audi alteram partem - Whether opportunity for contrary submissions - Practice - Whether power to order costs to be paid out of the estate - Administration and Probate Act 1958 (No 6191), s61; RSC Ch I, O 16, r8, O.65, r14D, Ch III, O.1, r40.

Administration and probate — Will — Remote execution procedure — Testator made will with witnesses attending remotely via audio-visual link — Requirements for satisfying remote execution procedure — Whether witnesses clearly saw testator’s signature being made — Whether testator clearly saw witnesses’ signatures being made — Wills Act 1997 (Vic), ss 3(1), 8A, 8D, 9