The Public Trustee v Whitworth

The matter before the court was an application by the Public Trustee seeking proof of an informal will. The plaintiff, the Public Trustee, was the executor of the deceased's estate. The defendant, Whitworth, sought to contest the validity of the will on the basis that it did not comply with the formalities required by statute. The dispute was heard in the Supreme Court of Victoria.

The primary legal issue before the court was whether the will, which was not executed in the formal manner required by statute, could nonetheless be admitted to probate. The court was required to consider the relevant statutory requirements and whether the will, when read as a whole, satisfied the necessary criteria for informal wills under the relevant legislation. Specifically, the court needed to determine whether the will evidenced the deceased's intention to make a testamentary disposition.

The court considered the statutory requirements for an informal will and concluded that the will in question, while not strictly complying with the formal requirements, did evidence the deceased's intention to make a testamentary disposition. The court noted that the will was written by the deceased in their own hand and contained clear instructions for the distribution of their estate. The court found that the will satisfied the criteria for an informal will under the relevant legislation and therefore granted the plaintiff's application. The court pronounced the will in solemn form and granted letters of administration with the will annexed.