Re Padmore

In the case of Re Padmore, the applicants sought a declaration regarding a handwritten document prepared by the deceased, Geoffrey William Francis Padmore, which was intended to serve as a will but was not executed in accordance with section 10 of the Succession Act 1981. The document was contested by the respondent, who doubted its validity based on the absence of formal execution and its unusual nature. The applicants argued that the document constituted either a codicil to the deceased's 2017 will or a new will altogether. The central legal issue was whether the handwritten document constituted all or part of the deceased's will and, consequently, if probate should be granted.

The court considered the arguments and evidence presented by both parties, including the nature of the document, the circumstances of its creation, and the deceased's intention as inferred from the document itself and any relevant extrinsic evidence. The court concluded that the document did indeed form a codicil to the deceased's 2017 will, finding that the content and context of the document supported this interpretation. The court further determined that the formalities required by section 10 of the Succession Act 1981 were not strictly adhered to, but the intention of the deceased to amend his will was clear. Consequently, the court granted the applicants' requests for a declaration and for probate of the will and codicil.

The court ordered that the handwritten document, which is a copy of Exhibit AJW-3 to the affidavit of Andrew John Ward filed on 26 November 2021, forms a codicil to the will of Geoffrey William Francis Padmore. Additionally, the court ordered that probate of the will and codicil be granted to Andrew Ward and Maree Ward, subject to formal requirements being met by the Registrar. The costs of the applicants and the caveator of the application were to be paid from the deceased's estate on an indemnity basis.