Re Estate Sharman

The case of Re Estate Sharman was heard in the Supreme Court of Queensland. The dispute involved the validity of a purported will of the deceased, Mrs Sharman, and whether it should be granted probate. The testatrix had prepared a draft of her will after receiving instructions from her daughter, who had been acting on behalf of her brother. The daughter and brother were the named beneficiaries in the will. The executors of the estate sought to have the will admitted to probate, while the daughter and brother contested the will's validity.

The primary legal issue before the court was whether the purported will complied with the formal requirements for a valid will under the Succession Act 1981 (Qld). Specifically, the court needed to determine whether the will was in writing, signed by the testatrix, and expressed to be her will. The court also had to consider whether the testatrix had the requisite testamentary intention when executing the will, and whether she had approved the final document before her death.

The court found that the purported will did not meet the statutory requirements for a valid will. Although the testatrix had approved an altered draft, the final document was typed by someone else and never seen by the testatrix before her death. The court held that the testatrix's approval of the altered draft was not sufficient to establish that she had approved the final document as her will. Additionally, the court found that there was no evidence that the testatrix had the requisite testamentary intention when executing the will. As a result, the court refused to grant probate to the purported will.

Consequently, the court made orders refusing probate of the purported will and declaring the estate intestate. The daughter and brother's claim for the estate was dismissed. The court's decision highlights the importance of strict compliance with the formal requirements for a valid will, and the need for clear evidence of the testatrix's approval of the final document as her will.