In the Will of

In the Will of Eileen Margaret Duffus, the court was tasked with determining whether a document that was intended to be a will, but which was not signed in the required manner, should be admitted to probate. The document in question was executed by Eileen Margaret Duffus, who died on 20 January 2018, and was witnessed by two individuals. The testatrix had signed the document in multiple places in the presence of the witnesses, but did not sign the final signing clause. Despite this, the witnesses provided evidence that the testatrix intended the document to serve as her last will and testament.

The legal issues before the court centred on whether the document could be admitted to probate under the Succession Act 1981 (Qld) despite not being signed in accordance with the formal requirements. The court was required to consider the intent of the testatrix and the evidence provided by the witnesses, as well as the significance of the alteration to the printed date on the final page of the document. The court had to determine if the informalities in the execution of the document could be overlooked in light of the evidence of the testatrix's intention and the witnesses' testimony.

The court found that the evidence of the witnesses was compelling and demonstrated the testatrix's clear intention to execute the document as her will. The alteration to the printed date, which was initialled by both the testatrix and the witnesses, further supported the argument that the document was intended to be the testatrix's will. The court held that the informalities in the execution of the document could be overlooked, and that the document should be admitted to probate as the will of Eileen Margaret Duffus. The court ordered that the document be admitted to probate and that the applicants' costs be met from the estate of the deceased.

The court's orders were that the document purporting to be the last will and testament of Eileen Margaret Duffus, dated 28 March 2011, forms her will. The document is to be admitted to probate in common form, with the applicants as executors and trustees of the will. The applicants' costs of the application are to be met from the estate of Eileen Margaret Duffus.