Rodny v Weisbord

The appeal concerned the validity of an informal document as a will. The appellant, Laurence Rodny, sought probate of a document dated 19 December 1997 as the last will of the deceased, Rose Rodny. The respondent, Mr. Weisbord, contested the validity of this document. The matter was heard in the Court of Appeal of New South Wales, with Meagher, White, and McCallum JJA presiding.

The central legal issue before the Court of Appeal was whether the informal document propounded by the appellant should be admitted to probate as a will, despite not complying with the formal execution requirements of the *Succession Act 2006* (NSW). This required the court to consider whether the deceased intended the document to form her will, and if so, whether the court should dispense with the formal execution requirements under section 8 of the Act.

The Court of Appeal found that the primary judge had not made findings as to how the deceased formed the intention that the document would constitute her will. Crucially, the primary judge found it more likely that the deceased had not seen the document, and the evidence did not permit a finding as to what might have caused her to believe she had executed a will. Furthermore, the evidence did not allow for a finding that the deceased intended any particular document to operate as her will. Consequently, the Court of Appeal allowed the appeal, set aside the primary judge's orders, and ordered that a grant of probate in solemn form of the will dated 19 December 1997 be made to the appellant. The costs of the appeal were ordered to be paid out of the deceased's estate.