SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY Case Title: In the estate of Niko Ojvan Citation:

The application before the Court sought a declaration pursuant to s 11A of the Wills Act 1968 (ACT) that a holograph will dated 30 March 2013, which had been signed by the deceased, constituted the will of the deceased. The deceased had died intestate on 26 September 2022. The application was brought by the daughter of the deceased, Ms Iva Ojvan, who was named as the executor in the holograph will. The deceased's son, Mr Stipe Ojvan, was also a beneficiary under the will and under the statutory distribution provisions if the deceased had died intestate. The son did not oppose the application.

The legal issue for the Court to determine was whether the Court should declare the document dated 30 March 2013 to be the valid will of the deceased. The Court had to satisfy itself that the deceased intended the document to constitute his will, pursuant to s 11A(1) of the Wills Act.

The Court found that the document was in writing, signed by the deceased, and declared itself to be the deceased's last will and testament. The Court was also satisfied that the deceased intended the document to constitute his will, based on the express words of the document, the deceased's signing of the document, and the way in which the document was kept. The Court was satisfied that the deceased intended the document to have immediate legal effect, rather than being a draft, with something more required to give it legal effect.

The Court made the orders sought in the application, declaring that the holograph document dated 30 March 2013 and bearing the signature of the late Niko Ojvan constituted the will of the late Niko Ojvan, directing the Registrar to grant probate of the will to Iva Ojvan, and ordering that the costs of the application be paid out of the estate on a solicitor-client basis.