Re Heidrich (dec'd)

David Gregory Heidrich applied for letters of administration of an informal will made by his wife, Christina Jane Heidrich, who committed suicide shortly after making the will. The will was left in a location where it would be found. The will was handwritten, signed by Mrs Heidrich, and stated, "This is my last will and testament. Christina Jane Heidrich." The court needed to determine whether to declare the document as Mrs Heidrich's last will and whether to grant letters of administration to Mr Heidrich.

The court considered the legal principles surrounding the execution of a will under the Succession Act 1981, noting that the will in question was not witnessed. However, the court has the discretion to dispense with formal execution requirements under Section 18 of the Succession Act if it is satisfied that the document constitutes the deceased's will. The will clearly expressed Mrs Heidrich’s testamentary intentions and was made in contemplation of her imminent death. Medical evidence indicated that her mental health did not impair her capacity to make a will.

The court ruled that the informal document was indeed Mrs Heidrich’s last will. It granted letters of administration to Mr Heidrich, noting that he had priority as the trustee of the residuary estate. The court also declared that the applicant's advertisement for the grant complied with the relevant rules, despite a minor error in terminology. Costs were awarded to the applicant on the indemnity basis. The orders included declaring the informal will as the last will of Mrs Heidrich, granting letters of administration to Mr Heidrich, and ordering that the applicant's costs be paid from the estate.