Estate of Cleveland

The Estate of Anna Maria Cleveland case involved a dispute regarding the validity of a handwritten will dated 14 November 1998. The applicant, Michael David Ferrari, sought a declaration that this document was the valid will of Ms Cleveland, who passed away on 14 September 2015. The primary issue was whether the will complied with section 11(4) of the Wills Act 2007, which requires that the witnesses to the will must be present together when the testator signs it. In this case, the witnesses were not present together when Ms Cleveland signed the document, and it was not clear if she had signed it before the witnesses were present.

The court had to determine whether the will was a valid testamentary document despite the procedural flaw. Ferrari, the proposed executor, provided an affidavit stating that he had been asked by Ms Cleveland in 1998 to be her executor and had given his consent. Additionally, the beneficiaries under the new will—Craig, Louise, and Ruth—provided affidavits expressing their belief that the new will reflected their mother's testamentary intentions. Gerard Hoskins, one of the witnesses, also provided an affidavit stating that Ms Cleveland had given him a document to sign, which he assumed was her will, though the other witness, M R Sinclair, was not present at the time.

After considering the affidavits and the evidence presented, Mallon J concluded that the document indeed expressed Ms Cleveland's testamentary intention. The court was satisfied that the will was a valid expression of her wishes and granted the declaration that the document was the valid will of Anna Maria Cleveland. Consequently, the draft order filed by the applicant was approved for issuance.