Mittoni v Bradley

In the matter of Mittoni v Bradley, the court was presented with a dispute concerning the validity of a will. The deceased, Mr Mittoni, had made handwritten alterations to a typed will that was on a printed form. The primary issue before the court was whether these alterations were made before the will was signed, and if the will was signed only as a draft. The court needed to determine the testamentary intention of Mr Mittoni and whether the alterations were integral to that intention. The case was heard in the Supreme Court of Queensland.

The central legal issues that the court had to address were whether the handwritten alterations to the will were valid, and if the burden of proof rested with the party claiming that the alterations were made after the will was signed. The court also had to consider whether the will was intended to be the final expression of Mr Mittoni's testamentary wishes, or if it was merely a draft. The case hinged on the interpretation of the will and the circumstances surrounding its execution.

The court found that the burden of proof rested on the party alleging that the handwritten alterations were made after the will was signed. The court examined the evidence and the circumstances surrounding the creation and execution of the will, and concluded that the alterations were indeed made before the will was signed. The court determined that the will was the final expression of Mr Mittoni's testamentary wishes, and not merely a draft. The court was satisfied that the alterations were integral to the testamentary intention of Mr Mittoni.

As a result of the court's decision, a decree was made for the grant of probate of the subject will in solemn form. The court found that the will was valid and that it accurately reflected the deceased's testamentary intentions. The court's decision provides guidance on the interpretation of wills with handwritten alterations and the burden of proof in such cases.