Re Estate of Robertson

The parties involved in this case were the executors of the deceased's estate and the proponents of an informal will, who applied to the court for the informal will to be admitted to probate. The dispute centred around the validity and admissibility of the informal will in light of the deceased having previously executed a formal will. The matter was heard in the Supreme Court of Victoria.

The primary legal issue the court had to decide was whether the informal will, executed after the deceased's admission to hospital, was intended to be their last will and testament, and if it was intended to revoke the previously executed formal will. The court also had to consider whether there was any evidence of the deceased being cognitively impaired at the time of executing the informal will, as well as whether there were any suspicious circumstances surrounding the execution of the informal will. The court referred to the Briginshaw v Briginshaw standard of proof and examined relevant case law and statutory provisions under the Wills Act 1997.

The court found that there was no evidence of the deceased being cognitively impaired at the time of executing the informal will, nor were there any suspicious circumstances surrounding its execution. The court held that the informal will was intended to be the deceased's last will and testament, and that it was intended to revoke the previously executed formal will. The court further found that the informal will satisfied the requirements of the Wills Act 1997. The application to admit the informal will to probate was therefore granted.

The final orders of the court were that the informal will be admitted to probate, and that the executors of the deceased's estate administer the estate in accordance with the terms of the informal will. The formal will was declared revoked. The proponents of the informal will were also granted costs of the application.