Lindsay J
Court or Tribunal: Supreme Court of NSW
Catchwords: Succession, Wills
Judges: Lindsay J
Background: A dying woman sat in her kitchen, delivering "motherly exhortations" and her last will and testament to a video camera. The 85-year-old widow glanced across the room at one of her daughters, who stood to inherit a larger share of the estate if the "video will" could alter a written will signed just two days earlier. It is a scenario that might ring alarm bells, and which raises questions about whether a will that is not in writing and witnessed by at least two people is legally valid.
[Legal Issue]Justice Linsday said the woman made a "series of short, and apparently well-considered, disciplined statements of intent (coupled with motherly exhortations in passing) that stand neatly with the will as an alteration of the primary document".
He ruled that, in light of the evidence and the absence of any objection from the other siblings, there was "no room for doubt" the will was voluntarily made. He admitted the video as an informal will.
But Justice Lindsay sounded a note of caution to others considering delivering a will to camera. The costs of the case and the substantial delay in processing the probate application - Ms Chan died in June 2012 - were the result of legal uncertainty about validity of a video will.
[Court Orders]Orders for a video will to be admitted to probate pursuant to the Succession Act 2006 NSW, section 8. 2. Declaration, pursuant to section 10(3)(c) of the Act, that the testatrix knew and approved of, and freely and voluntarily made, a disposition in favour of a person who witnessed and assisted the making of the video-will.
Catchwords: Succession, Wills
Judges: Lindsay J
Background: A dying woman sat in her kitchen, delivering "motherly exhortations" and her last will and testament to a video camera. The 85-year-old widow glanced across the room at one of her daughters, who stood to inherit a larger share of the estate if the "video will" could alter a written will signed just two days earlier. It is a scenario that might ring alarm bells, and which raises questions about whether a will that is not in writing and witnessed by at least two people is legally valid.
[Legal Issue]Justice Linsday said the woman made a "series of short, and apparently well-considered, disciplined statements of intent (coupled with motherly exhortations in passing) that stand neatly with the will as an alteration of the primary document".
He ruled that, in light of the evidence and the absence of any objection from the other siblings, there was "no room for doubt" the will was voluntarily made. He admitted the video as an informal will.
But Justice Lindsay sounded a note of caution to others considering delivering a will to camera. The costs of the case and the substantial delay in processing the probate application - Ms Chan died in June 2012 - were the result of legal uncertainty about validity of a video will.
[Court Orders]Orders for a video will to be admitted to probate pursuant to the Succession Act 2006 NSW, section 8. 2. Declaration, pursuant to section 10(3)(c) of the Act, that the testatrix knew and approved of, and freely and voluntarily made, a disposition in favour of a person who witnessed and assisted the making of the video-will.