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 the will kit best represented his last intentions and fortunately
