IN THE MATTER OF VAIMOMOANA VAU (AKA VAIMOMOANA ATU, FAASAVALU)

This matter concerned an application by Vaimomoana Vau (also known as Vaimomoana Atu and Faasavalu) for a grant of probate of the will of the late Vaimomoana Atu. The applicant sought to prove a will dated 10 May 2019, which named her as the sole beneficiary and executrix. However, a caveat had been lodged by the respondent, who claimed to be the deceased's de facto partner and alleged that the deceased had made a later will on 15 May 2019, which revoked the earlier will and appointed the respondent as executor. The application was heard in the Supreme Court of Queensland.

The central legal issue before the Court was whether the later will dated 15 May 2019, which was alleged to have been made by the deceased, was a valid testamentary instrument. Specifically, the Court had to determine if the deceased had the necessary testamentary capacity at the time of executing the purported later will and whether it had been duly executed in accordance with the requirements of the *Succession Act 1981* (Qld). The Court also considered the evidential weight to be given to the circumstances surrounding the alleged execution of the later will, including the applicant's assertions regarding its invalidity.

Judge Street found that the evidence presented did not establish the due execution of the purported will dated 15 May 2019. The Court noted the absence of credible evidence that the deceased had signed the document or that it had been signed by witnesses in her presence and in the presence of each other, as required by the *Succession Act 1981* (Qld). Consequently, the Court concluded that the applicant had failed to prove the existence and validity of the later will. The Court therefore granted the application for probate of the will dated 10 May 2019.