Public Trustee v Alexander - Estate of Alexander

The case involved the Public Trustee as the respondent and Alexander, the deceased, as the applicant. The dispute centred on the interpretation and validity of a suicide note left by the deceased, which the Public Trustee argued should be recognised as the deceased's will. The matter was heard in the Supreme Court of South Australia. The court was tasked with determining whether the suicide note constituted a valid will, and if so, interpreting its terms, particularly the phrase "all my belongings."

The primary legal issues before the court were whether the suicide note could be considered an informal will, and if the phrase "all my belongings" was sufficiently broad to encompass the deceased's entire estate, given that the deceased did not own any real property. The court had to consider the principles governing the creation and interpretation of informal wills, including the intention of the deceased and the clarity of the language used.

The court found that the suicide note could indeed be characterised as an informal will. It held that the phrase "all my belongings" was sufficiently wide to include the deceased's entire estate, which consisted solely of personal property. The court emphasised that the deceased, as a layman, intended to distribute his entire estate as expressed in the note. The court's decision was influenced by the clear and unequivocal language used by the deceased, which demonstrated an intention to dispose of all his belongings. Consequently, the suicide note was upheld as a valid will, and the Public Trustee was directed to administer the estate in accordance with its terms.