Re Chambers (dec'd)

Cherie Gayle Johnson applied for letters of administration of a document purporting to be the will of her father, Kevin John Chambers, who passed away on 17 March 2023. The Registrar issued a requisition stating that the will was not duly executed and could not grant letters of administration. The will, dated 14 October 2017, consists of two pages. Kevin signed the first page at the foot, while the witnesses signed the second page, which contains no operative clauses. The will appoints Cherie as the sole beneficiary of Kevin's estate.

The primary issue before the court was whether the will was duly executed, particularly concerning the position of Kevin's signature and the witnesses' attestation. The court noted that Kevin signed the first page of the will, which contains all the operative provisions. The witnesses signed the second page, which lacks any operative clauses. The pre-printed form included notes stating that the testator should sign the attestation clause and the witnesses should sign the first page, but these were not followed. The court considered the evidence of the witnesses, Simon and Sarah Anderson, who attested that Kevin signed the will in their presence, and they signed the will in each other's presence.

The court found that it was not inappropriate to decide the application without an oral hearing as per rule 489 of the Uniform Civil Procedure Rules 1999. The witnesses' evidence was not disputed, and there was no suggestion that an oral hearing was necessary or desirable. The court concluded that the will was duly executed as Kevin signed the first page containing the operative provisions. The witnesses' signatures on the second page, despite not signing where indicated by the pre-printed form, did not invalidate the will.

The court granted the application for letters of administration and ordered that Cherie Gayle Johnson be issued with letters of administration with the will. The costs of the application were to be paid from Kevin's estate on an indemnity basis.