Re Estate of Brock

The case of Re Estate of Brock involved a dispute over the validity of an informal will and whether it was intended to replace an earlier will. The deceased had drafted an informal will that contained only a few lines of writing, stating that everything should be left to the deceased's wife. The respondent argued that the informal will was valid and intended to replace an earlier formal will, which left property to other family members. The deceased's brother, the applicant, contended that the informal will was not valid and did not revoke the earlier will.

The court was required to determine whether the deceased intended the informal will to be his last will and testament, and if it was intended to revoke the earlier formal will. The court considered the relevant provisions of the Wills Act 1997, particularly sections 7 and 9, which deal with the formality and revocation of wills. The court also considered the circumstances surrounding the creation of the informal will and the deceased's intentions at the time.

The court held that the informal will was valid and intended to replace the earlier will. The court found that the deceased had made clear his intention to leave everything to his wife and that the informal will was a deliberate and informed decision. The court also found that the informal will effectively revoked the earlier will, as the deceased had made a clear and unequivocal statement of his intentions in the informal will. The applicant's argument that the informal will was not valid and did not revoke the earlier will was rejected.

The court made an order that the informal will was valid and that it revoked the earlier formal will. The court also made an order that the deceased's wife was entitled to receive all of the deceased's property. The applicant's application was dismissed with costs.