Re Becroft

In the case of Re Becroft, the matter before the court was an application for the grant of probate of a will and a handwritten codicil. The dispute arose from the interpretation and admissibility of a handwritten document, which was intended to be a codicil to the testator’s will, but was questioned due to its non-compliance with the statutory requirements under the Wills Act 1997. The court was required to determine whether the document should be admitted to probate as a codicil or as a subsequent will.

The central legal issue was whether the handwritten document could be admitted as a codicil to the will, considering its non-compliance with the formalities prescribed by the Wills Act 1997. Specifically, the court had to consider whether the document was testamentary in character and whether extrinsic evidence could be used to ascertain the testator's intention. The court examined sections 7 and 9 of the Wills Act 1997, which outline the requirements for the execution of wills and codicils.

The court concluded that the document was testamentary in character, as it evidenced the testator’s intention to alter the disposition of their property after death. Despite the document not being executed in strict compliance with the statutory requirements, the court found that the document’s content and context were sufficient to establish the testator’s intention to create a codicil. The court allowed the use of extrinsic evidence to support this finding, emphasising the importance of the testator’s intention in determining the document’s admissibility. Consequently, the document was admitted to probate as a codicil to the will.

The court made an order granting probate of the will, including the handwritten codicil, and directed that the executors administer the estate in accordance with the will and codicil.