Re Estate of Puruto

The case involved the interpretation of a document prepared by a deceased individual, Mrs Puruto, which was intended to serve as a guide for the preparation of her will. The dispute arose between Mrs Puruto’s daughter and her husband over the validity and interpretation of the document as a will. The Supreme Court of New South Wales was tasked with determining the legal status of the document and whether it constituted a valid will.

The court was required to decide whether the document, which contained instructions for the preparation of a will, should be recognised as a will in its own right. The key issues were whether Mrs Puruto intended the document to be her will, and whether the subsequent preparation of a formal will by solicitors, based on the instructions in the document, was valid given the circumstances. The court had to consider the intent of Mrs Puruto and the surrounding circumstances at the time the document was signed.

The court found that Mrs Puruto intended the document to be her will to the extent it recorded instructions regarding the disposition of her estate, the appointment of executors, and funeral instructions. It was noted that there was no evidence Mrs Puruto was aware that a formal will had been prepared by solicitors, and she was physically unable to sign the prepared will. The court held that the document, despite not being a formally executed will, embodied the deceased’s intentions sufficiently to be recognised as her will. The court’s decision was based on the content of the document and the circumstances surrounding its execution.

The court ordered that the document prepared by Mrs Puruto be recognised as her valid will. The daughter was appointed as the executor of the estate according to the terms of the document. This decision underscored the importance of the intent of the deceased and the context in which the document was prepared when determining the validity of a will.