The Estate of Alexander Wood

The case before the court involved the estate of Alexander Wood, who died on 3 February 2003. The dispute centred around handwritten alterations made to his will, which were not witnessed as required by law. The court was tasked with determining whether the alterations, despite not being properly witnessed, embodied the testamentary intentions of the deceased. The court had to decide if the deceased intended for the altered will to constitute his final will. Furthermore, the court needed to consider whether statements made by the deceased about his intentions should be admitted as evidence.

The court found that although the deceased had expressed a desire to have his will “properly changed,” he had signed each of the alterations. This, combined with the appointment of more relevant executors in the altered will, led the court to conclude that the deceased had the requisite intention for the altered will to represent his final wishes, at least until he arranged to have it properly changed. The court admitted evidence relating to statements by the deceased concerning his intentions, finding them relevant and admissible. The court held that the altered will, despite not being witnessed, constituted the will of Alexander Wood.

The court declared that the will, as altered, constituted the will of Alexander Wood. The court reproduced the will, including the alterations, in a schedule to ensure clarity for those needing to refer to its specific terms. The court made an order pursuant to section 17 of the Administration and Probate Act, authorising the Registrar to issue probate of the will of the late Alexander Wood to the appointed executors, Shane Alexander Wood and Shiralee Blac (née Wood). The court directed that the full judgment be provided to the applicants and Mr Kelly Wood, who appeared at the hearing, while the schedule was not to be included in the copy judgment published on the Supreme Court’s website.