JAMES DAVID DEEKS as Executor Appointed in the Will -v- ALEX HOWARD GREENWOOD by his Guardian ad litem Andrew Greenwood [2011] WASC 359
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2011] WASC 359 | |
| Case No: | CIV:1545/2011 | 17 NOVEMBER 2011 | |
| Coram: | EM HEENAN J | 22/12/11 | |
| 39 | Judgment Part: | 1 of 1 | |
| Result: | Grant of probate in solemn form of informal will | ||
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| PDF Version |
| Parties: | JAMES DAVID DEEKS as Executor Appointed in the Will ALEX HOWARD GREENWOOD by his Guardian ad litem Andrew Greenwood AVA JANE BROWN by her Guardian ad litem Kathryn Jane Brown LEAH FAYE DEEKS by her Guardian ad litem Michael James Deeks ALZHEIMER'S AUSTRALIA WA LTD DIABETES ASSOCIATION WESTERN AUSTRALIA INC CANCER COUNCIL OF WESTERN AUSTRALIA INC JAMES DAVID DEEKS BARBARA ANNE DEEKS |
Catchwords: | Wills Probate Informal wills Proof in solemn form Detailed instructions for will given to solicitors Solicitors prepared will in accordance with instructions Appointment arranged for execution of will Testator taken suddenly ill, hospitalised and medicated before execution Died without executing will Potential intestacy Whether deceased authenticated and adopted will as prepared |
Legislation: | Administration Act 1903 (WA) Wills Act 1970 (WA), s 8, s 32 |
Case References: | Aon Risk Services Aust Ltd v ANU [2009] HCA 27 Corbett v Newey [1996] 3 WLR 729 Elliott v Davenport (1705) 1 P Wms 83; 24 ER 304 Fell v Fell (1922) 31 CLR 268 Harrison v Kirk [1904] AC 1 Hatsatouris v Hatsatouris [2001] NSWCA 408 Henwood v Public Trustee (1993) 9 WAR 22 In re Ladd; Henderson v Porter [1932] 2 Ch 219 In the Estate of Kirs (decd) (1990) 55 SASR 61 Lamond v Sheed [2011] WASC 349 Lightfoot v Maybery [1914] AC 782 Mitchell v Mitchell [2010] WASC 174 Nolan as Administratrix of the Estate of Barbara Nolan (dec) v Nolan [2011] WASC 224 Oreski v Ikac [2008] WASCA 220 Osborne v Smith (1960) 105 CLR 153 RAMS Mortgage Corporation Ltd v Skipworth [No 2] [2007] WASC 75 Re Application of Brown (1991) 23 NSWLR 535 Re Barraclough (dec); Barraclough v Young [1967] P 1 Re Estate of Frederick Raymond Reeve Perriman (dec) [2003] WASC 191 Re Estate of John William Henry Nicholls (dec) [2003] WASC 85 Re Estate of TLB (2005) 94 SASR 450; [2005] SASC 459 Re Harrison; Turner v Hellard (1885) 30 Ch D 390 Re Langton [1964] P 163 The Estate of Blakely (1983) 32 SASR 473 The Estate of Deslandes (Unreported, SASC, Judgment No 3849, 3 March 1993) The Estate of Kevin John Hines v Hines [1999] WASC 111 The Estate of Maslen [2009] SASC 304 The Estate of Mead (Unreported, SASC, Judgment No 56547, 13 February 1998) The Estate of Schwartzkopff [2006] SASC 131 Wheatley v Edgar [2003] WASC 118; (2003) 4 ASTLR 1 |
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- Deeks v Greenwood [2011] WASC 359
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- [2011] WASC 359
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CaseChat Overview and Summary
In the matter of Deeks v Greenwood, the deceased, Mr Deeks, intended to prepare a will through his solicitors. The solicitors prepared the will according to the instructions given by Mr Deeks and arranged an appointment for its execution. However, Mr Deeks fell ill, was hospitalised, and was heavily medicated before the execution could take place. He died before the will could be executed. The issue before the court was whether the will, which was not formally executed, could be admitted to probate in solemn form.
The court considered the circumstances of the case, including the detailed instructions given to the solicitors and the preparation of the will in accordance with those instructions. The court also took into account the fact that Mr Deeks had arranged an appointment for the execution of the will and was prevented from executing it due to unforeseen circumstances. The court found that Mr Deeks had authenticated and adopted the will as prepared by the solicitors, and that the will should be admitted to probate in solemn form.
The court held that the will was valid and should be admitted to probate in solemn form. The court noted that the formalities required for the execution of a will are not absolute and may be relaxed in certain circumstances. The court found that the circumstances of this case warranted a relaxation of the formalities, and that the will should be admitted to probate in solemn form.
Accordingly, the court granted probate in solemn form of the informal will. The executors of the estate were authorised to administer the estate in accordance with the terms of the will.
The court considered the circumstances of the case, including the detailed instructions given to the solicitors and the preparation of the will in accordance with those instructions. The court also took into account the fact that Mr Deeks had arranged an appointment for the execution of the will and was prevented from executing it due to unforeseen circumstances. The court found that Mr Deeks had authenticated and adopted the will as prepared by the solicitors, and that the will should be admitted to probate in solemn form.
The court held that the will was valid and should be admitted to probate in solemn form. The court noted that the formalities required for the execution of a will are not absolute and may be relaxed in certain circumstances. The court found that the circumstances of this case warranted a relaxation of the formalities, and that the will should be admitted to probate in solemn form.
Accordingly, the court granted probate in solemn form of the informal will. The executors of the estate were authorised to administer the estate in accordance with the terms of the will.
Orders
Orders of the court
Grant of probate in solemn form of informal will
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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