Re Weedon (deceased)

The case of Re Weedon (deceased) involved an application seeking a declaration that a document dated 19 April 2013, prepared by Barry Francis Weedon, constitutes the deceased's will. The application was brought under section 18 of the Succession Act 1981 (Qld). The will, if admitted, leaves a nominal amount of $2 to the deceased's daughters. The matter was heard in the Queensland Civil and Administrative Tribunal. The primary concern was whether it was appropriate to declare the document as a will without the daughters, who are beneficiaries, being served or notified of the application. The Uniform Civil Procedure Rules 1999 (Qld) did not specify the requirement for notice or service in such circumstances.

The court needed to determine the appropriate procedural steps to take in this unique situation, balancing the need for procedural fairness with the potential urgency of the matter. The tribunal considered the lack of evidence regarding the daughters' knowledge or involvement in the application and the absence of prescribed rules for serving notice in these circumstances. The court acknowledged the importance of ensuring that all interested parties are given a fair opportunity to be heard, particularly when the outcome of the proceedings could affect their interests. The tribunal decided to adjourn the matter to allow the applicant to take steps to locate and notify the daughters, ensuring they were aware of the proceedings and had an opportunity to be heard.

On 29 April 2020, the tribunal declared the document dated 19 April 2013 to be the will of the deceased. The tribunal also ordered that a grant of letters of administration with the will be issued to Derek Eoin Coss as the administrator, subject to the formal requirements of the Registrar. The tribunal further ordered that the applicant's costs of and incidental to this application be paid from the estate of the deceased on an indemnity basis. This decision was made after considering the steps taken to locate and notify the deceased's daughters, and ensuring that the application was heard in a fair and just manner.