Section 10 of the Succession Act 1981 (Qld) (“the Act”) provides that a Will must be a document defined as “any paper or material on which there is writing” and signed by the Testator or someone in the presence of and under the direction of the Testator.
The Testator must make or acknowledge the signature in the presence of 2 or more witnesses present at the same time. At least two witnesses must confirm and sign the will in the presence of the Testator, but they do not need to be in each other’s presence.
Under s 18 of the Act, the broad definition of the term ‘document’ includes any
- paper or other material on which there is writing,
- tape disc or other material from which images, sounds, messages, or writings can be produced or reproduced.
Background
Hans-Juergen Meyer (“the deceased”) died in the Robina Hospital on June 11 2023. On June 7 2023, he met with his solicitor at his mother’s unit to provide instructions for a new will.
The document represented the deceased’s final wishes and cancelled all previous wills and instructions. Mr Bow compared the document to an earlier Will made by the deceased dated February 22, 2023, noting significant changes, including a change of executor and adjustments to beneficiaries’ monetary gifts. The document also allows the former executor to take specific items supervised by Ms. Van Niekerk.
The matter
In the Will of Hans-Juergen Meyer [2024] QSC 141 the executors nominated by the document applied for orders under s18 of the Act, dispensing with the requirement that the document be witnessed by two persons and seeking a grant of probate of the document.
The broad definition of the term ‘document’ includes any paper or other material on which there is writing, any disc, tape or other material from which images, sounds, writings, or messages can be produced or reproduced.
The document represented the deceased’s final wishes and cancelled all previous wills and instructions. Mr. Bow compared the document to an earlier Will dated February 22, 2023. He noted significant changes, including the removal of the executor and adjustments to monetary gifts to beneficiaries. The document also allows the former executor to take specific items supervised by the deceased’s mother, Ms. Van Niekerk.
The decision
Section 18 of the Act allows the Court to dispense with execution requirements for the Will of the late Hans-Juergen Meyer, dated June 6 2023, be witnessed by at least two persons under s 10(4) of the Act.
Additionally, in granting probate of the Will of the late Hans-Juergen Meyer, dated June 6 2023, to Noeline Margaret Fairless and Carmen Bernadette Van Niekerk as executors under s 6(3)of the Act, that provides the Court may grant probate to such person and subject to such provisions, including conditions or limitations, as the Court may think fit.
The Court declared that a true copy of the Will of the late Hans Juergen-Meyer, dated June 6 2023, is exhibit B to the affidavit of Keith Robert Bow filed April 10 2024, which contains five pages comprised of one handwritten page and four typed pages. The Court ordered the estate of the late Hans-Juergen Meyer to pay the costs of this application.