Aaron v Griffiths

[2008] WASC 26

JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION:   AARON -v- GRIFFITHS [2008] WASC 26

CORAM:   McKECHNIE J

HEARD:   28 FEBRUARY 2008

DELIVERED          :   28 FEBRUARY 2008

FILE NO/S:   CIV 1613 of 2006

BETWEEN:   COURTNEY AARON

Plaintiff

AND

SHARA GRIFFITHS
First Defendant

JOHN GRIFFITHS
Second Defendant

MARIA ELENA TYLER
Third Defendant

TRENT WILLIAM GRIFFITHS
Fourth Defendant

VICKI ANN HOBBS
Fifth Defendant

STEPHEN JAMES GRIFFITHS
Sixth Defendant

Catchwords:

Wills and probate - Informal wills - Suicide note - Turns on own facts

Legislation:

Wills Act 1970 (WA), s 34

Result:

Probate granted

Category:    B

Representation:

Counsel:

Plaintiff:     Mr L A Tsaknis

First Defendant             :     No appearance

Second Defendant         :     No appearance

Third Defendant           :     No appearance

Fourth Defendant          :     No appearance

Fifth Defendant            :     No appearance

Sixth Defendant            :     No appearance

Solicitors:

Plaintiff:     Friedman Lurie Singh & D'Angelo

First Defendant             :     Dwyer Durack

Second Defendant         :     Dwyer Durack

Third Defendant           :     Dwyer Durack

Fourth Defendant          :     Dwyer Durack

Fifth Defendant            :     Dwyer Durack

Sixth Defendant            :     Dwyer Durack

Case(s) referred to in judgment(s):

Banks v Goodfellow (1870) LR 5 QB 549

Gellatly v Curtin [2006] WASC 88

The Estate of Kevin John Hines & Anor v Hines [1999] WASC 111

1. McKECHNIE J:  Can a suicide note be, at the same time, a will reflecting the person's intention as to the worldly possessions they leave behind?

2. This is the question posed in this unhappy case.  Bradley Griffiths was married to Courtney Aaron for 5 months, although they had lived together for 6 years.  Unfortunately, the deceased, who was 27‑years‑old when he took his life on 8 September 2001, had unsuccessfully battled with alcoholism all his life.  Things came to a head that Saturday night after he had spent all their money at the TAB and at the Wanneroo Tavern.  Courtney told him she was going to her mother's house because she was angry he had spent all their money.  In the event, she did not stay the night away from home.  She returned at 10.45 pm to find that her husband had hanged himself from the pergola.  Subsequently, the Deputy State Coroner found that death was consistent with ligature compression of the neck and that he had hanged himself with the intention of taking his own life.

3. There is no evidence that he did so in the time worn phrase, 'while the balance of his mind was disturbed'.  In other words, there is no evidence that he suffered from any psychiatric or psychological problems.  Some of his writings, exhibited a degree of melancholia but there is no evidence to suggest he was incapable of forming a testamentary intention.

4. The deceased left a suicide note which was intended to be found and was in fact found.  I am satisfied that he did write it.  It is unnecessary to set out more of that note than is strictly relevant to the determination of this case.  In the note he says: 'I may choose to take my life but that does not mean I am not of sound mind.  It's just I'm tired'.  The note concludes: 'I do wish just one thing, my wife Courtney have my belongings and anything entitled to me for I love her completely'.

5. And so on the facts I find that the deceased intended his suicide note to reflect his intention that everything he owned would be inherited by his widow.

The law

1. I turn to the legal framework that applies.

2. In 2001 the Wills Act 1970 (WA) s 34 applied that gave the court power, if satisfied that the deceased intended the document to constitute his will, to declare that a document purporting to embody the testamentary intentions of a deceased person is their will.

3. That section is now repealed but relevantly re‑enacted within s 32 of the Wills Act which came into operation on 9 February 2008.

4. The same questions are to be asked in respect of a will formally executed as are to be asked if informally executed.

5. Those questions are set out in Gellatly v Curtin [2006] WASC 88 [10]; see also Banks v Goodfellow (1870) LR 5 QB 549, 565.

6. An intention that the document be the will of the person who wrote it is to be inferred from the document itself: The Estate of Kevin John Hines & Anor v Hines [1999] WASC 111. It is to be noted that in the Wills Amendment Act No 27 of 2007 s 32(3), the court may have regard to any evidence that goes beyond the document itself. However, in this case it is unnecessary for me to do so because I am quite satisfied, from reading the suicide note, that the deceased intended to transfer all his property to his widow. No other conclusion is possible from the reading of the whole of the note and in particular that part I have quoted.

7. Finally, and for completeness, I mention that in determining the testamentary intention of the deceased, I have also examined what the document does and whether that might give a clue to the mind of the deceased.  If the proposed disposition was bizarre that may provide an indication of testamentary incapacity.  In this case, however, the will is utterly sensible: leaving all his property to his spouse, including the home they shared.

8. Finally, none of the defendants now oppose the application by the plaintiff.

9. I make the following orders:

   1.The document, a copy of which is annexed to the affidavit of scripts of Courtney Aaron sworn 1 June 2007 as annexure 'CA1' filed in these proceedings is proved as the last will and testament of the late Bradley John Griffiths of 11 Quarkum Street, Wanneroo in the State of Western Australia, who died on 8 September 2001 (the 'will').

   2.Probate of the will be granted in solemn form.

   3.Letters of administration cum testamento annexo of the will be granted to the plaintiff, Courtney Aaron of 11 Quarkum Street, Wanneroo in the State of Western Australia.

   4.There be no order as to costs.