McMillan v Lumb

In McMillan v Lumb, the dispute involved the interpretation of an informal will. The deceased, Mr. Lumb, made alterations to a draft document before entering the hospital. Despite signing the document, it was not witnessed. He instructed his daughter to keep the original document, referring to it as his will. The matter was brought before the court to determine whether the document constituted a valid will under the Wills, Probate and Administration Act 1898.

The central legal issue was whether the altered document, which was signed but not witnessed, could be recognised as a valid will. The court needed to assess whether the deceased's actions and statements demonstrated a clear testamentary intention, and if the alterations and lack of witnesses could be overlooked in determining the document's validity.

The court examined the provisions of section 18A of the Wills, Probate and Administration Act 1898, which addresses the execution of informal wills. It considered the deceased's clear reference to the document as his will and his instruction to his daughter to retain it. The court found that despite the lack of formal witnessing, the document's content and the deceased's actions were sufficient to establish testamentary intention. The court held that the document was a valid will.

As a result of the court's decision, the altered document was recognised as a valid will. The final orders would likely include the granting of probate to the deceased's daughter, allowing her to administer the estate according to the terms of the will.