Fast v Rockman

Fast v Rockman involves a dispute concerning the validity of an informal will. The case was heard by the Supreme Court of Victoria. The central issue was whether the deceased intended an unseen and unexecuted document to be treated as his will. Additionally, the court needed to consider whether the removal of offensive language from a copy of the will that was admitted to probate complied with statutory requirements.

The court examined the intent of the testator in creating the will, focusing on whether the document in question was intended to be his final testament. The court also considered the provisions of the Wills Act 1997, specifically sections 7 and 9, which address the execution of wills and the amendment of offensive language, respectively. The court assessed whether the act of omitting certain words from the will complied with the legislative framework and whether it affected the validity of the will.

The court concluded that the testator did indeed intend the document to be his will despite it being unseen and unexecuted. The court found that the removal of offensive language from the copy of the will did not contravene the statutory requirements, as it was deemed an acceptable amendment under the Wills Act 1997. The court held that the will was valid and admitted the amended copy to probate. This decision ensures that the deceased's wishes were honoured, and the distribution of his estate proceeded in accordance with his intentions.