Application by Evans

Evans applied to the court for advice regarding a trust matter. The testatrix had made informal changes to her will by deleting a clause and adding a manuscript provision. The court was asked to determine whether the trustee was justified in concluding that the testatrix intended to revoke the deleted bequest and that the remaining bequest be paid to the current entity conducting the nominated activity. The informal will had been admitted to probate, raising questions about the validity and interpretation of the changes made.

The central legal issue before the court was whether the informal changes to the will were valid and whether the trustee's interpretation of the testatrix's intention was correct. The court had to consider whether the deletion of a clause and addition of a manuscript provision constituted a valid revocation of the original bequest and whether the remaining bequest could be paid to the current entity conducting the nominated activity. The court also needed to determine the principles governing the interpretation of informal wills and the role of the trustee in administering the estate.

The court found that the informal changes to the will were valid and that the testatrix intended to revoke the deleted bequest. The court reasoned that the testatrix's actions in deleting the clause and adding the manuscript provision demonstrated a clear intention to alter the original will. The court also concluded that the remaining bequest could be paid to the current entity conducting the nominated activity, as the testatrix's intention was to support the activity rather than a specific entity. The court emphasised the importance of considering the testatrix's overall intention and the context in which the informal changes were made.

The court granted Evans's application for advice, finding that the trustee was justified in concluding that the testatrix intended to revoke the deleted bequest and that the remaining bequest be paid to the current entity conducting the nominated activity. The court's decision provides guidance on the interpretation of informal wills and the role of trustees in administering estates.