Macey v Finch

Macey v Finch involved the executors of the estate of a deceased individual who had provided instructions to a solicitor regarding the distribution of their estate. The dispute arose when the executors attempted to admit these instructions as the deceased's will, only to have their efforts rejected by the court. The court was tasked with determining whether the instructions could be admitted as a valid will under the relevant succession laws.

The legal issue before the court was whether the instructions provided by the deceased to their solicitor constituted a valid informal will. The court had to consider whether the deceased had clearly and unambiguously expressed their intentions for the distribution of their estate, and whether those instructions had been properly executed and approved by the deceased. The court also needed to evaluate the circumstances surrounding the deceased's unexpected death shortly after providing the instructions, which raised questions about the deceased's mental capacity and the finality of their instructions.

The court found that the instructions did not meet the legal requirements for an informal will. Although the deceased had provided clear instructions to their solicitor, these instructions were not read back to the deceased and approved by them in their presence. The court held that this was a crucial step in validating an informal will, and without it, the instructions could not be admitted as a will. Additionally, the court noted that the deceased's unexpected death shortly after providing the instructions did not necessarily invalidate the instructions, but it did highlight the importance of ensuring that the deceased had fully approved and understood the contents of the will. The court ultimately rejected the executors' application to admit the instructions as a will.

The court's decision resulted in the executors being unable to admit the instructions as a valid will, leading to potential complications in the distribution of the deceased's estate. The court's ruling emphasised the importance of following proper legal procedures when creating a will, particularly in the case of informal wills, to ensure that the deceased's wishes are accurately and legally represented.