In the Estate of FRANK WILLIAM DAVIS (DECEASED)

This case involves an application for an order pursuant to section 12(2) of the Wills Act 1936 (SA) that an informal will of 2005 be admitted to probate. The deceased, Frank William Davis, died on 27 April 2006. The dispute concerns whether the 2005 document, and/or a 2002 document, satisfies the requirements of section 12(2) that the document contain testamentary intentions of the deceased and that the deceased intended the document to constitute his will. Additionally, the court must determine whether the 2005 document impliedly revokes, in part or in whole, the 2002 document.

The court examined the affidavits and oral evidence provided, particularly from Ms Penny, to determine whether the documents met the statutory criteria for a valid will. The court considered the deceased's eccentric lifestyle and his dealings with chartered accountants, including Mr Brauer and Ms Homann, who had received previous correspondence regarding the deceased's will. The court focused on the content and execution of the 2002 and 2005 documents to ascertain the deceased's testamentary intentions. The 2002 document, dated 21 June 2002, specifies bequests to Jane Penny and various nieces and nephews. The 2005 document also outlines bequests but includes different allocations and references to a "fuss" about the bank holding "The Will".

The court concluded that the 2002 document was intended to be the deceased's will, as it contained clear testamentary intentions and was executed in a manner consistent with the deceased's prior communications. The 2005 document, while also containing testamentary intentions, did not explicitly revoke the 2002 document but rather appeared to supplement or modify it. Therefore, the court found that the 2002 document was the valid will of the deceased and ordered that it be admitted to probate.

In summary, the court admitted the 2002 document to probate as the valid will of the deceased, Frank William Davis, and did not find the 2005 document to be a revocation of the 2002 document.