IN THE ESTATE OF COLIN WILLIAM BROWN

Colin Brown, the deceased, left an estate which included a property at Glandore. The applicant, who had a close relationship with the deceased, sought to have the will dated 16 July 2014 admitted to probate on the basis that it accurately reflected the deceased's testamentary intentions. The deceased had previously made a will leaving his estate to Suzanne Sproesen, but later expressed a desire to leave some money to various charities and the balance of his estate, including his Glandore house, to the applicant. The applicant argued that this subsequent intention should be reflected in the will. The court was required to determine whether the will of 16 July 2014 accurately reflected the deceased's testamentary intentions, and whether there was any evidence of a later will or an intention to revoke the will.

The court found that the applicant's evidence was corroborated by his wife, except for one implausible incident concerning the deceased ejecting solicitors from Treloar & Treloar from his house. The court did not find this incident to be credible and therefore dismissed it. The court found that the evidence did not undermine the suggestion that the deceased would have left the Glandore property to Scouts SA. The court also found that there was no evidence of any valid later will or of a revocation of the will of 16 July 2014. The court found that the note of 12 April 2016 did not express the testamentary intentions of the deceased and did not meet the requirements of s 12(2) of the Act.

The court dismissed the application and ordered that the will dated 16 July 2014 be admitted to probate. The court would hear the parties as to costs and any other orders they sought. The court found that the will of 16 July 2014 accurately reflected the deceased's testamentary intentions and there was no evidence of any valid later will or of a revocation of the will. The court found that the note of 12 April 2016 did not express the testamentary intentions of the deceased and did not meet the requirements of s 12(2) of the Act.