Re Estate of John William Henry Nicholls (Dec)

In the matter of the will of John William Henry Nicholls, deceased, the Court held that the appeal by John Edward Nicholls, one of the persons referred to in the will, against the Registrar's decision to refuse to grant probate in common form, should be allowed. The Court considered that the appeal under r 5 of the Non-Contentious Probate Rules 1967 (WA) was an appeal de novo, meaning the matter was heard afresh and a decision was given on the evidence presented at that hearing. The Court found that the deceased had altered his will after its execution and that those alterations had effect pursuant to s 35 of the Wills Act 1970 (WA), as the deceased intended the will as so altered to constitute his will. The Court concluded that the will, as altered, should be the subject of a grant of probate in common form.