header-logo header-logo

What is a will?

13 August 2009 / Michael Tringham
Issue: 7382 / Categories: Features , Wills & Probate
printer mail-detail
wills_austrilia_4

Court decisions are interpreting statute in ways that may surprise, says Michael Tringham

Brisbane law firm Mullins has successfully argued that an unsigned and undated document may be treated as the deceased’s will. Partner Michael Klatt reports: “Our client had handwritten his wishes in a will kit booklet, but had not signed or dated it and obviously had no witnesses sign the document.”

The case was further complicated by a properly executed 1993 will to which the deceased had stapled alterations that were signed and dated—but not witnessed.

While the Succession Act 1965 requires a will to be signed by or on behalf of a person in the presence of two witnesses, 2006 amendments give the court power to dispense with these requirements if it is satisfied that that a document was intended to form or alter a will.

“We were able to provide sufficient evidence that the will kit had been written by the deceased in his handwriting subsequent to the last alteration to the 1993 will. The family considered that

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll