Re Ray

The case of Re Ray involved an application to admit an informal will to probate. The dispute arose following the death of the deceased, who left no formal will. The deceased had, however, drafted an informal will which was unsigned and undated. The will was discovered after the deceased’s death and was sought to be admitted to probate. The deceased had been asked by a friend to sign the will shortly before passing away. The deceased was known to have struggled with alcoholism, raising questions about their testamentary capacity at the time of signing.

The legal issues before the court included whether the deceased had testamentary capacity at the time the informal will was executed and whether the deceased intended the informal will to serve as their testamentary document. The court considered the relevant statutory provisions under the Wills Act 1997 (Vic) and the common law principles concerning the validity of informal wills. The case of Banks v Goodfellow (1870) LR 5 QB 549 was particularly relevant, as was the more recent decision in Veall v Veall (2015) 46 VR 123.

The court held that despite the deceased’s struggle with alcoholism, they demonstrated testamentary capacity at the time of signing the informal will. The court was satisfied that the deceased intended the document to be their will. The court noted that the deceased had a clear recollection of the contents of the document and its purpose. Furthermore, the court was persuaded by the deceased's insistence on signing the document, which indicated an intention for it to be their will. Consequently, the court admitted the informal will to probate.

The court made orders admitting the informal will to probate. The decision underscores the importance of testamentary capacity and intention in the context of informal wills, particularly in light of statutory and common law principles.