[1981] VR 113
RE EMANUEL DECEASED
SUPREME COURT OF VICTORIA
JENKINSON, J
12 May, 31 July, 3 September, 1 October, 1 November 1979, 29 May 1980
[1981] VR 113
Administration and probate — Application that attesting witness be entitled
under will — Statutory provisions considered — Persons on whom notice of
application may be served — Whether entitlement known to and approved by
testatrix and whether undue influence — Evidence and proof required — Will
prepared by solicitors on instructions of witness formerly a member of that
firm — Witnesses and testatrix closely related — Administration and Probate
Act 1958 (No. 6191), s100, s101 — Wills Act 1958 (No. 6416), s13 — Wills
(Interested Witnesses) Act 1977 (No. 9044), s5.
.
By her will the testatrix, inter alia, gave half the residuary estate to her
son and a pecuniary legacy to his wife. That will was prepared, on
instructions communicated in a letter from the son, by a member of the firm of
solicitors of which he had been a member until retirement, and both the son
and his wife were the attesting witnesses thereto. Pursuant to s100(1) of the
Administration and Probate Act 1958 the wife applied for an order that she be
entitled under the will to which she was an attesting witness.
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[1981] VR 113
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