Re Hobbs

In the matter of the estate of the late John Hobbs, the deceased had left behind two informal documents which purported to be wills. The dispute arose as to whether these documents should be accepted as valid wills, with several parties contesting their validity. The matter was heard by the Supreme Court of Victoria.

The central legal issue before the court was whether the two informal documents were valid wills that could be granted probate. The court had to consider the circumstances surrounding the execution of the documents, the mental state of the testator, and the evidence presented. The court needed to determine whether the burden of proof had been met to the required standard of proof on the balance of probabilities.

The court held that the two informal documents could not be accepted as valid wills. The court found that there was a high level of vulnerability and advanced age of the testator, and a lack of evidence that the informal documents were executed in accordance with the requirements of the Wills Act 1997 (Vic). There was no direct evidence of the testamentary intentions of the testator, and the informal documents lacked rationality and consistency. The court also found that there was an opportunity for influence over the testator, and the secret storage of the informal documents suggested a lack of authenticity. The past reliance by the testator on legal practitioners to prepare a will was also a factor in the court's decision. The court concluded that the burden of proof had not been met to the required standard.

The court made orders that the two informal documents were not valid wills and could not be granted probate. The court also made orders for the distribution of the estate in accordance with the intestacy rules.