Re Rosaro

In the matter of Re Rosaro, the dispute involved the validity of an unexecuted document which the applicant claimed should be recognised as the deceased’s will. The case was heard in the Supreme Court of Victoria. The primary issue before the court was whether the document in question expressed the deceased’s testamentary intention and whether it was intended to serve as the final expression of those wishes. The court also needed to determine if the document constituted an informal will under the Wills Act 1997 and whether subsequent conduct and statements could inform the intention expressed in the document.

The court examined the nature of the document and the circumstances surrounding its creation. It was noted that the document was not witnessed or formally executed, yet it did contain provisions that appeared to distribute the deceased’s estate. The court further considered the meaning of ‘without more’ in the context of informal wills and whether it was necessary for the document to be the sole evidence of testamentary intention. The court held that the document did not unequivocally express a testamentary intention and that it was not intended to be the deceased’s final will, especially given the deceased’s awareness of its informal nature and lack of action to formalise it. The court concluded that the document did not meet the statutory requirements for an informal will under the Wills Act 1997.

Consequently, the court refused to grant probate to the document. The decision hinged on the lack of clear testamentary intention and the absence of formal execution. The court emphasised that for a document to be recognised as an informal will, it must contain an unequivocal expression of testamentary intention and be intended by the deceased as the final expression of their wishes. The court’s ruling underscores the importance of formal execution and clear intention in the creation of a valid will.