SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY Case Title: In the Estate of Gallagher Citation:

In the Supreme Court of the Australian Capital Territory, the case revolves around the will of Dorothy Mary Gallagher, who passed away. The dispute centres on the validity of a document dated 25 August 2021, which the applicant, Rosemary June Judd, claims should be considered an amendment to the deceased's will. The respondent, John Michael Gallagher, contests this, arguing that the document was not properly witnessed and therefore invalid. The court had to determine whether the document should be considered part of the deceased's will, specifically as a codicil, despite the lack of witnessing.

The key legal issues before the court were whether the document dated 25 August 2021 could be considered a valid amendment to the deceased's will under section 11A of the Wills Act 1968 (ACT), and if the deceased's intent to amend her will could be established despite the absence of witnesses. The court examined the circumstances surrounding the creation of the document, the deceased's intention, and whether the informality of the document could be overlooked due to the clear intent to amend the will.

The court concluded that the document in question, despite its informality, should be considered as a codicil to the deceased's will. This decision was based on the clear evidence of the deceased's intent to amend her will and the substantial compliance with the formalities required by law. The court held that the absence of witnesses did not prevent the document from being recognised as a valid codicil, as the deceased's intention to amend her will was evident and unambiguous. The court ordered that the document dated 25 August 2021 be recognised as a codicil to the deceased's will and granted probate of the will and codicil to Rosemary June Judd.