The Estate of Roger Christopher Currie, late of Balmain

The deceased, Roger Christopher Currie, passed away in 2019, leaving behind a complex succession dispute. The estate was contested by various beneficiaries, who argued over the validity of the computer documents found on the deceased's computer. The dispute centred on whether these documents constituted the deceased's will or were merely drafts and personal notes. The matter was heard in the Supreme Court of New South Wales.

The primary legal issue was whether the deceased intended the computer documents to be his will or if they were simply preparatory documents. The court had to assess the intention of the deceased in creating the documents, considering their content, the circumstances surrounding their creation, and any relevant extrinsic evidence. The court also needed to determine if the documents complied with the statutory requirements for a valid will under the Succession Act 2006 (NSW).

The court found that the deceased had not intended the computer documents to be his will. The documents were drafts and contained numerous alterations, corrections, and omissions, indicating they were not finalised. The court considered the lack of formal execution and the absence of any clear indication that the deceased intended these documents to be his last will. The evidence suggested that the documents were part of an ongoing process of drafting and revision, rather than a completed testamentary instrument. Consequently, the court ruled that the computer documents did not constitute a valid will.