Wool v Marino

The case of Wool v Marino involved the deceased, Erika Kaegi-Fluri, who had executed a will in 2020 that excluded her daughter, Juliana Wool, from her estate. After Erika's death, Juliana discovered a note from Erika dated 6 June 2022, which appeared to be a last testamentary document, leaving the residue of Erika's estate to Juliana. Juliana applied for the note to be admitted to probate, while Erika's executor, Mr. Merino, applied for the 2020 will to be admitted. The central issues in the case were whether the note constituted a valid will, whether it revoked the 2020 will, and whether Erika had the testamentary capacity to write the note.

The court considered whether the note embodied Erika's testamentary intention, taking into account Section 18 of the Succession Act 1981, which allows the court to admit a document as a will if it is satisfied it forms the will of the deceased despite non-compliance with legislative requirements. The court examined the content of the note and other evidence, such as Erika's emotional volatility and cognitive decline at the time of writing the note. The court found that the note alone did not satisfy the requirement for Erika to intend it to form her will or alter or revoke her existing will. Additionally, the court considered Erika's mental state at the time of writing the note, finding that her emotional volatility and cognitive decline did not necessarily indicate a lack of testamentary capacity.

Based on the evidence, the court concluded that it was not satisfied that Erika intended the note to form her will or alter or revoke her 2020 will. Therefore, Juliana's application for the note to be admitted to probate was dismissed, and Mr. Merino's application for the 2020 will to be admitted to probate was granted. The court also listed Juliana's application for maintenance and support for further directions.

The court's orders were that Juliana's application for Erika's note dated 6 June 2022 to be admitted to probate was dismissed, Erika's will of 22 May 2020 be admitted to probate, subject to the formal requirements of the Registrar, and Juliana's application for maintenance and support was listed for directions to be given as to its future conduct. Costs were reserved.