Equity Trustees Ltd v Levin

Equity Trustees Ltd applied for a grant of probate of a will, which was a photocopy of the original handwritten will. The will contained handwritten alterations, and the issue before the court was whether these alterations expressed the deceased's testamentary intentions. The court had to decide whether the alterations constituted a note or memorandum of intended instructions and inter vivos gifts under the Wills Act 1997 (Vic) s 9.

The court examined the alterations to determine if they expressed the deceased's testamentary intentions. It found that the alterations did not constitute a note or memorandum of intended instructions and inter vivos gifts. The court held that the alterations did not express the deceased's testamentary intentions, and therefore, probate should be granted in respect of the unaltered will.

The court granted probate in respect of the unaltered will and dismissed the application for a grant of probate of the altered will. The court held that the alterations did not constitute a note or memorandum of intended instructions and inter vivos gifts, and therefore, the unaltered will should be admitted to probate. The court's decision was based on the evidence presented and the applicable law.