Owen v The Public Trustee in and for the State of Western Australia as Executor of the Will of Arthur Owen (Deceased)

In the case of Owen v The Public Trustee in and for the State of Western Australia as Executor of the Will of Arthur Owen (Deceased), the dispute involved the validity of an informal alteration to a deceased man's will. The court was required to determine whether the alteration, which resulted in changes to the beneficiaries of the estate, was valid and, if so, whether it could be admitted to probate.

The primary legal issues centred on the standard of proof required to validate the informal alteration to the will, the effect of retrospective statutes on the validity of the alteration, and whether the deceased had the requisite testamentary capacity to make such changes. The court needed to assess the evidence provided regarding the circumstances under which the alteration was made and whether it reflected the deceased's true intentions.

The court found that the evidence presented sufficiently demonstrated the deceased's intent to alter the will, satisfying the standard of proof beyond reasonable doubt. The court concluded that the alteration was valid and should be given effect. It further held that the retrospective operation of relevant statutes did not invalidate the alteration, as the alteration was made during the deceased's lifetime and was consistent with his intentions at that time. Additionally, the court determined that the deceased had testamentary capacity at the time of making the alteration. The court therefore ordered that the will, as altered, be admitted to probate.