ESTATE OF DONALD LEE HUDSON (DEC)

The deceased, Donald Lee Hudson, left an undated note that the Public Trustee claimed constituted an informal will. The deceased's de facto partner, Kathryn Andrea Drayton, and their daughter Katelyn Rose Drayton were born in 1994 and 1997 respectively. The deceased had previously made a will dated 12 November 1991. The Public Trustee sought declarations and orders regarding the note left by the deceased, specifically whether it constituted an informal will and if it revoked the earlier will. The court had to determine if the note intended to revoke the earlier will and if it intended to make a disposition of the deceased's property. The deceased's note clearly evidenced an intention to revoke the earlier will. However, the court found that the deceased did not intend the note to have effect as a testamentary instrument, as there was nothing in the note that purported to dispose of the deceased's property. Therefore, the deceased intended to revoke his former will, but the note did not constitute an informal will. The deceased's estate would be administered under the provisions of the Administration Act 1903, which would result in his estate passing to his daughter Katelyn. The beneficiaries under the earlier will did not contest the earlier will's revocation.
Counsel were invited to address the court on the orders necessary to give effect to the court's reasons, allowing the deceased's estate to be administered.