Sheridan v Tavener

In *Sheridan v Tavener*, the High Court of Australia considered a dispute between the appellant, Sheridan, and the respondent, Tavener, concerning the validity of a will. The central issue revolved around whether the will, which had been signed by the testator in the presence of only one witness, could be admitted to probate.

The High Court was required to determine whether the *Wills Act 1970* (ACT) permitted the admission of a will to probate where the testator had signed in the presence of only one witness, contrary to the usual requirement of two witnesses. Specifically, the court had to consider the application of section 10 of the *Wills Act*, which provides a mechanism for dispensing with the formal requirements of the Act if the court is satisfied that the document represents the testamentary intentions of the deceased.

Gaudron and Kirby JJ, in their joint judgment, held that section 10 of the *Wills Act* conferred a broad discretion on the court to dispense with the formal requirements for the execution of a will. Their Honours reasoned that the purpose of section 10 was to prevent the strict adherence to formal requirements from frustrating the clear testamentary intentions of a deceased person. Applying this principle, they found that the document in question, despite being signed by only one witness, clearly represented the testator's testamentary intentions and therefore ought to be admitted to probate.

The High Court ordered that the appeal be allowed and that the will be admitted to probate.