Re Estate Johnson, Deceased

The parties involved in this case were the executors of the estates of a husband and wife who had both passed away. The dispute centred around the validity of their wills, which had been mistakenly signed by each other. The case was heard in the Supreme Court of New South Wales. The legal issues before the court were whether the wills could be admitted to probate as informal wills under section 8 of the Succession Act 2006 (NSW), or if rectification under section 27 of the Act was more appropriate. The court needed to determine if the testamentary intentions of the deceased could be fulfilled despite the error in signing the wills.

The court held that the wills could be admitted to probate as informal wills, as the signatures did not conform to the requirements of the Wills Act 1965 (NSW). The court reasoned that it was possible to give effect to the testamentary intentions of the deceased by admitting the document prepared for the deceased to probate as an informal will, as per section 8 of the Succession Act. The court found that rectification was not necessary, as the signatures did not prevent the court from determining the deceased's intentions. The court admitted the husband's will to probate as an informal will, as it was the document prepared for him, despite the error in signing.

The final orders of the court were that the husband's will, which was the document prepared for him, be admitted to probate as an informal will. This decision ensured that the testamentary intentions of both the husband and wife were given effect, despite the error in signing their respective wills. The court's reasoning was based on the provisions of the Succession Act 2006 (NSW), which allowed for the admission of informal wills when the signatures did not conform to the requirements of the Wills Act 1965 (NSW).