Vincent Zang v Deborah Middleton

Vincent Zang commenced proceedings in the Supreme Court of Queensland against Deborah Middleton, seeking a declaration that a 1 April 2007 instrument was not a valid will of the deceased, John William Zang. The dispute centred on whether the instrument complied with the formal requirements of a will under the Succession Act 2006 (Qld) and whether the court should dispense with those requirements under s 8 of the Act. The parties settled the proceeding, leaving the court to decide whether the 2007 instrument was a valid will or some other document, and to determine the basis on which the costs of the proceedings were to be paid.

The court was required to determine whether the 2007 instrument was a valid will and if not, whether the court should, under s 8 of the Succession Act, dispense with the requirements for its execution as a will. The court also needed to decide the basis on which the costs of the proceedings were to be paid. The court found that the 2007 instrument was a document that purported to state the testamentary intentions of the deceased and that the deceased intended it to form his will. The court considered the circumstances to justify making an order under s 8 of the Succession Act.

The court held that the 2007 instrument was a document that purported to state the testamentary intentions of the deceased and that the deceased intended it to form his will. The court found that the instrument did not comply with the formal requirements for a will under the Succession Act but that the circumstances justified making an order under s 8 of the Act. The court also held that the parties had agreed to a costs arrangement, but there was a dispute as to whether the costs were to be paid on the ordinary basis or on the solicitor and client basis. The court found that the terms of the correspondence between the parties indicated that the costs were to be paid on the solicitor and client basis.

The court ordered that the 2007 instrument was the will of the deceased and that the costs of Deborah Middleton and Sharon Cook be paid out of the deceased's estate on the solicitor and client basis.