Re: Deer (deceased)

In the matter of Re: Deer (deceased), the court was tasked with determining who should be granted a Letter of Administration in the absence of a validly executed Will. The deceased, who had handwritten his Will, did not have the document witnessed by two individuals who were both present at the same time to see his signature. Margaret Anne Cowan applied for a Letter of Administration, which is a form of probate that allows for the administration of an estate in the absence of a Will or when a Will cannot be probated.

The central legal issue before the court was whether the deceased's handwritten Will complied with the statutory requirements for a valid Will under the Succession Act. Specifically, the court had to consider whether the Will was properly witnessed in accordance with the statutory requirements, which mandate that two witnesses must both be present at the same time to witness the deceased's signature on the Will. The court needed to determine if the Will was invalid due to the failure to adhere to these requirements and, if so, whether Margaret Anne Cowan was entitled to a Letter of Administration.

The court held that the deceased's handwritten Will did not comply with the statutory requirements for a valid Will as it was not witnessed by two individuals who were both present at the same time to see the deceased's signature. Consequently, the Will was invalid. The court concluded that Margaret Anne Cowan was entitled to a Letter of Administration as she was the deceased's next of kin and the appropriate person to administer the estate in the absence of a valid Will. The court was satisfied that Cowan was a suitable person to administer the estate and that there were no other claimants with a superior right to the administration of the estate.

The court ordered that a Grant of Letter of Administration be made to Margaret Anne Cowan. This order allows Cowan to administer the estate of the deceased, ensuring that the estate is managed and distributed according to the laws of intestacy.