Mitchell v Mitchell

In the Supreme Court of Victoria, Mitchell v Mitchell concerned the validity of an informal will. The deceased, Mr Mitchell, had instructed his solicitors to draft a will, and those instructions were followed precisely. The draft was delivered to Mr Mitchell in hospital, where he intended to execute it, but he died before he could do so. The court was asked to determine whether the draft will was authenticated and adopted by the deceased as his testamentary document. The central issue was whether the deceased had adopted and authenticated the draft will as his own testamentary document, thus satisfying the requirements for a valid informal will under Australian law. The court found that Mr Mitchell had indeed adopted the draft will as his own, as evidenced by the detailed instructions he provided and the fact that the draft was prepared in strict accordance with those instructions. The court also considered the circumstances of delivery and the deceased's intention to execute the will. Given these factors, the court admitted the draft will to probate. This decision underscores the importance of clear instructions and the execution process in determining the validity of informal wills.