UNSIGNED WILL; ORIGINAL COPY OF PREVIOUS SIGNED WILL LOST

Date: Sep 23, 2011
Document Type: Article

We acted for the son of the first marriage of the deceased. 

The second wife of the deceased sought to Probate an unsigned Will.

The matter came before His Honour Justice White in the Supreme Court. Despite the considerably relaxed rules about what can constitute a Will, the Court decided that the unsigned Will would not be probated, as there was no intention for it to be the Will of the deceased until he signed it.

Interestingly, the Court did, however, probate an earlier signed Will even though the original could not be found. There was a copy of the earlier Will, and despite the possibility that it may have been revoked by destruction, it was admitted to Probate. This avoided a finding that the deceased died intestate (without a will).

Costs of the proceedings were ordered to be paid from the estate.

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