Butterworth v Woods

The case of Butterworth v Woods involved an application for the grant of letters of administration in solemn form. The dispute centred around the validity of a former will and the circumstances surrounding its alleged revocation. The case was heard in the Supreme Court of Victoria. The applicant, Butterworth, sought to challenge the validity of the will made by Woods, the deceased, and to be appointed as the sole administrator of Woods' estate with the benefit of the presumption against intestacy.

The primary legal issues before the court were whether the will had been validly revoked by alteration and obliteration and whether the will could be considered an informal will. The court had to determine whether the will met the necessary requirements to be recognised as a valid testamentary document. The applicant argued that the will had been altered and obliterated in a manner that amounted to revocation, while the respondent contended that the will was valid and should be upheld.

The court found that the will had been revoked by alteration and obliteration. The alterations and obliterations were deemed to have been made with the intention to revoke the will, and the subsequent informal alterations did not restore the document to a valid testamentary instrument. The court further determined that the will was informal and did not comply with the formal requirements for a valid will under the relevant legislation. Consequently, the court granted the application for letters of administration in solemn form to Butterworth, acknowledging the presumption against intestacy.

The court's final orders were that Butterworth be granted letters of administration in solemn form, thereby allowing the presumption against intestacy to apply. The will made by Woods was declared invalid, and no benefit of the presumption against intestacy was available to the respondent. This decision ensured that Butterworth could proceed with the administration of Woods' estate without the interference of the disputed will.