Re: Lee

The deceased, Mr. Lee, left behind a purported will which failed to bequeath the residue of his estate to any named beneficiaries. The deceased's children applied for appointment as administrators. The threshold requirement within section 18 Succession Act 1981 was not met. The court was required to determine whether a grant of letters of administration on intestacy should be made.

The court considered the requirements of section 18 Succession Act 1981 and the precedent set by the case of Re: Smith. The court found that the statutory power of the Supreme Court to dispense with the execution requirement was not applicable in this case as the threshold requirement within section 18 Succession Act 1981 was not met. The court also noted that the purported will was an informal document and did not meet the formalities required for a valid will.

The application for an order pursuant to s 18 Succession Act 1981 was dismissed. The application for letters of administration with the will was adjourned to 9.15 a.m. on 1 March 2023 with it being allocated 10 minutes in the list. The Registrar was ordered to forward a copy of the revised transcript of today’s hearing to the legal representatives of the applicants and notify them of the orders just made.