Re Windus (deceased)
[2007] QSC 391
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- Unreported Judgment
- Re Windus (deceased)[2007] QSC 391
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Re Windus (deceased)[2007] QSC 391
Re Windus (deceased)[2007] QSC 391
SUPREME COURT OF QUEENSLAND
CIVIL JURISDICTION
PHILIPPIDES J
No 1412 of 2007
IN THE ESTATE OF STEPHEN WINDUS DECEASED
BRISBANE
DATE 15/03/2007
ORDER
HER HONOUR: This is an application for orders pursuant to section 18 of the Succession Act 1981 that the execution requirements of the purported testamentary document, which is exhibited to the material and dated 12 July 2006 be dispensed with and that that be declared to be the deceased's Will.
The document in question relevantly provides:
"In the event of my death:
I wish for all my assets to be sold for a cash recourse of [which] 45 per cent I leave to my mother, 25 to my sister Sarah Windus to be placed in a trust fund with no access till she has reached the age [of] 40, 25 per cent to Christor Windus to be placed in a trust fund with no access till he has reached the age of 40, 5 per cent I leave to Kendel-Lyn Genevieve Dunwoody DOB 18 Nov 1988. These are my last wishes..."
The document which is dated 12 July 2006 appears to be a page of a diary. On the reverse side of the document the following is written: "Last Will of Stephen Windus." The document is signed by the deceased. There is affidavit material before the Court deposing to the handwriting and signature being that of the deceased. The document was however not witnessed as required by section 10 of the Act.
Notice of intention to apply for a grant of representation was published and no person lodged a caveat nor asserted a right to a grant of representation in relation to the deceased's estate, which is not a large one.
The applicant contends that the provisions of section 18(1) apply in that the document purports to state the testamentary intentions of the deceased, although it has not been witnessed as required by the formalities requirements of the Act.
I am satisfied that the document in question does indicate and state the testamentary intentions of the deceased. I note that the deceased, who was some 20 years of age, took his life some 10 days after the document was executed by him. There are obvious indications of testamentary intent including the heading of the document, the words that appear on the reverse side of the document and the dispositive language utilized by the deceased.
In those circumstances I consider that it is appropriate to make the declaration sought and, subject to the requirements of the Registrar, to order that Letters of Administration be granted to Brenda Ann Bodycott as Administratrix. I note that she is the mother of the deceased.
It is also appropriate that the costs of and incidental to the application be paid out of the estate. A draft order in those terms has been provided to me. I will initial it and that will be placed with the Court papers.
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