IN the ESTATE of FREDERICK MURRAY HILDER DECEASED No. SCPRB-97-188 Judgment No. S6895

This case concerns the estate of Frederick Murray Hilder, who passed away on 25 August 1997. Craig Anthony Martin and Robert Critchley Porter applied for a grant of probate of the will of Hilder dated 10 August 1982. The applicants claimed to be the executors of the will. The court needed to determine if the 1976 will had been revived by two codicils made in 1996 and 1997.

The court found that neither the 1996 nor the 1997 codicil revoked the 1982 will. The court also concluded that the execution of the 1996 and 1997 codicils did not revive the 1976 will, as the testator did not intend to alter the bequests made in his 1982 will. The court decided to admit the 1996 and 1997 codicils to probate with the 1982 will, omitting all references to the 1976 will.

In conclusion, the court granted the application for a grant of probate of the will dated 10 August 1982, the codicil dated 3 September 1996 with omissions, and the codicil dated 2 June 1997 with omissions. The court also declared that clause 7 of the 1997 codicil is intended to operate in respect of clause 4 of the 1982 will. The costs of the application were to be taxed on a party and party basis and paid out of the residuary estate.