Adams (Dec'd)

The matter before the court involved an application for the declaration of the validity of a will, as well as for probate and letters of administration. The deceased, Edgar George Adams, had left a will dated 14 April 2000, which contained several handwritten markings. The applicant sought to have the will declared valid without these markings and also requested letters of administration on intestacy for the deceased’s late wife, Mary Adams. No beneficiaries opposed the application.

The legal issues before the court were whether the handwritten markings on the will constituted a revocation of the will, and if the will was valid without these alterations. The court had to consider the principles of will revocation and the evidence presented regarding the authorship of the markings. The court also needed to determine if the will was valid and should be admitted to probate, and if letters of administration on intestacy should be granted for the estate of the deceased’s late wife.

The court found that the markings on the will were indeed made by the testator, Edgar George Adams. Despite the alterations, the core provisions of the will remained intact, and there was no evidence that the testator intended to revoke the will. The court concluded that the alterations did not affect the validity of the will. As none of the beneficiaries contested the application, the court declared the will valid without the handwritten alterations. The court granted probate of the will to the applicant and also issued letters of administration on intestacy for the estate of Mary Adams. The applicant's costs were ordered to be paid from the estate on an indemnity basis.