Re Spencer (deceased)

In the matter of the estate of William Maurice Spencer, who passed away on 18 March 2015, the court was tasked with determining the validity of an unsigned document dated 13 August 2013 as his last will. The dispute arose between two potential beneficiaries, Aaron Cornelius Potts and Michelle Marie Spencer, both of whom sought to establish their entitlement to the estate. The case was heard in the Supreme Court of Queensland.

The primary legal issue before the court was whether the unsigned document, despite lacking the necessary formalities, could be accepted as the deceased's last will under the Succession Act 1981 (Qld). The court had to consider whether the evidence supported the conclusion that the document expressed the deceased's testamentary intentions. The court also needed to assess the credibility of the witnesses who testified regarding the circumstances surrounding the document.

In ruling on the matter, the court considered the established principles of testamentary capacity and intention, as well as the doctrine of substantial compliance with the formal requirements of a will. The court examined the evidence presented, including the testimony of witnesses who attested to the deceased's intention to make a will and the circumstances under which the document was created. The court concluded that the evidence supported the finding that the unsigned document was indeed the last will of William Maurice Spencer, reflecting his testamentary intentions. The court found that the document, while not formally executed, was sufficiently close to the legal requirements to be considered valid.

The court made a declaration that the unsigned document dated 13 August 2013 is the last will of William Maurice Spencer and ordered that probate of the will be granted to Aaron Cornelius Potts as executor. This decision was made subject to the formal requirements of the Registrar being fulfilled.