Re Gawley (deceased)

The case of Re Gawley (deceased) involved an application regarding the granting of probate for the wills of Betty Gawley, who had passed away. The dispute centred on the existence of three wills of identical content executed on the same day, without any clause indicating that one should revoke the others. The court had to determine whether probate should be granted for one or more of the wills and if the Registrar could select and mark one of the wills for the purpose of issuing a grant of probate.

The primary legal issue was whether the three contemporaneously executed wills could be treated as a single testamentary instrument for the purpose of granting probate. Given that there was no express revocation clause, the court had to consider the circumstances surrounding the execution of the wills and the intentions of the deceased. It was also necessary to assess whether the Registrar had the authority to select one will for the grant of probate and mark it accordingly.

The court found that the three wills, although executed simultaneously, were intended to operate as a single testamentary document. It ruled that the Registrar had the discretion to select one of the wills for the grant of probate, provided that the selection was made in accordance with the formal requirements of the court. The court concluded that the Registrar could mark the chosen will with an identifier, such as "A," for the purpose of the grant of probate. This decision ensured that the deceased's wishes, as expressed in the wills, were legally recognised and effectuated.

The court ordered that a Grant of Probate be issued for the wills of Betty Gawley, as contained in the copy dated 8 June 2017, and marked A by the Registrar. The order specified that Marilyn Jeanette Cash be appointed as the sole executor of the estate. The court also determined that the applicant's costs associated with the application would be paid on the indemnity basis from the deceased's estate.