NSW Trustee and Guardian v Halsey; Estate of Von Skala

In the matter of the NSW Trustee and Guardian versus Halsey; Estate of Von Skala, the dispute revolved around the interpretation of the deceased's will and the validity of handwritten instructions that the deceased intended to form part of the will. The case was heard by the Supreme Court of New South Wales. The central issue was whether the deceased intended the handwritten instructions, which were in existence prior to the execution of the formal will, to constitute part of the will, along with the formal will dated 15 August 2006.

The court was required to determine whether the deceased's handwritten instructions, which were informal testamentary instruments, were intended to form part of the will. The court applied an intentionalist approach to construction, which required it to consider the deceased's intention in creating the will and the handwritten instructions. The court held that the informal instruments clearly embodied the deceased's testamentary intentions and that the deceased intended the handwritten instructions to form part of the will, along with the formal will dated 15 August 2006.

The court found that the deceased intended the handwritten instructions to form part of the will, and that the formal will and the handwritten instructions should be read together as a single testamentary document. The court held that the deceased's intention was clear, and that the informal instruments were intended to be part of the will. The court therefore admitted the handwritten instructions as part of the will and directed that the estate be distributed in accordance with the deceased's intentions as expressed in the will and the handwritten instructions.