In the will of; In the will of

In the matter of the estate of Ethel Florence Panigas and John William Panigas, deceased, the applicants sought a determination as to the validity of the wills executed by the deceased on 21 March 2003 and the purported wills executed on 28 March 2011. The applicants argued that the later wills should be admitted to probate, either in their entirety or in part, or alternatively, the wills executed on 21 March 2003 should be admitted to probate. The court was required to determine whether the execution requirements of the Succession Act could be dispensed with in relation to the purported wills of 28 March 2011 and whether those wills should be admitted to probate as the last valid wills of the deceased.

The court found that the purported wills executed on 28 March 2011 were not validly executed as they did not comply with the formalities required by the Succession Act. The court noted that the wills were partly handwritten and not signed in the presence of two witnesses. The court held that the applicants had not satisfied the onus of proof to establish that the purported wills of 28 March 2011 were valid. The court found that the wills executed on 21 March 2003 were validly executed and should be admitted to probate as the last valid wills of the deceased.

The court refused the application in so far as it related to the partly handwritten document dated 28 March 2011, purporting to be the last will of the late Ethel Florence Panigas and John William Panigas. Subject to the formal requirements of the Registrar, the will of Ethel Florence Panigas dated 21 March 2003 be admitted to probate as the last valid will of the late Ethel Florence Panigas who died at Atherton on 8 February 2012. Subject to the formal requirements of the Registrar, the will of John William Panigas dated 21 March 2003 be admitted to probate as the last valid will of the late John William Panigas who died at Atherton on 23 December 2011. The parties costs of and incidental to the application, including reserved costs, be paid out of the estate of the late Ethel Florence Panigas and John William Panigas on the indemnity basis.