In the matter of the Estate of Robertson, James (deceased). Henderson, Gloria Jean v Sparks, Deborah Anne [2018] VSC 373

WILLS AND ESTATES
Judgment type: 
Supreme Court of Victoria
Judge(s): 
Zammit J
Parties: 

In the matter of the Estate of Robertson, James (deceased). Henderson, Gloria Jean v Sparks, Deborah Anne

Judgment Date: 
10 July 2018
Catchwords: 

WILLS AND ESTATES - Informal will - Application to admit informal will to probate - Where deceased had executed formal will - Where informal will prepared after hospital admission - Whether informal will intended to be last will - Whether informal will intended to revoke formal will - No evidence of cognitive impairment - No suspicious circumstances - Application granted - Briginshaw v Briginshaw (1938) 60 CLR 336 referred to - Fast v Rockman [2013] VSC 18; Re Tang [2017] VSCA 171; Re White [2018] VSC 16 discussed - Wills Act 1997 ss 7, 9.

Citation: 
[2018] VSC 373