IN the ESTATE of HILDER No. SCGRG-97-188 Judgment No. S6549

In the case of the Estate of Hilder Deceased, the court was presented with an application for probate and associated orders concerning the estate of Frederick Murray Hilder, a retired grazier who passed away on 25 August 1997. The application involves several testamentary instruments, including a will dated 30 July 1976, a codicil dated 1 February 1978, a will dated 10 August 1982, and two codicils dated 3 September 1996 and 2 June 1997, respectively. The court was asked to address the legal issues surrounding the proper interpretation and execution of these instruments, particularly in light of evidence suggesting that the deceased intended the 1996 and 1997 codicils to operate as codicils to his 1982 will, despite the language of the instruments themselves.

The court identified significant legal questions concerning the law of rectification of testamentary instruments and the doctrine of revival of wills. The applicants, Messrs Martin and Porter, who were named as executors in the instrument dated 3 September 1996, sought interim relief due to the urgency of settling a sale of the deceased's house property. The court acknowledged the need for mature consideration of these legal issues but, given the circumstances, decided to grant interim relief to preserve the estate and allow the sale to proceed. The court found that it had the power to grant administration ad colligendum bona to a fit person to collect and preserve the estate's property pending the resolution of the substantive questions. In this case, Mr Porter was deemed appropriate for this limited grant of administration.

The court's reasoning led to the issuance of specific orders granting letters of administration ad colligendum bona to Mr Porter, limited to the purpose of executing the agreement for the sale of the deceased's house property and collecting the proceeds of sale. Mr Porter was empowered to execute necessary instruments, retain and invest the proceeds in authorized investments, and render an account of the estate's moneys to the court when required. The court also provided for the issuance of letters of administration without an administration bond upon application and reserved the question of costs. The further consideration of the motion was adjourned, with interested parties allowed to apply for further orders.