Informal Document Analysis

Question 1

Material facts before appeal hearing

George David Lindsay (the appellant) claimed that an informal (handwritten) document of five pages, uncovered sometime after 17 June 2013, was the last will of Nora Priscilla Lindsay (the deceased). Heather Dawn McGrath (respondent) contested that the informal document found did not constitute a will. The original matter was heard in the Supreme Court of Brisbane in 2013, and decided on 4 September 2014. The deceased was the mother of both the appellant and the respondent. The deceased divorced her husband in 1971, and remained closer to the son (appellant) than daughter (respondent).

Deceased constructed, but later terminated, a will in December 1986. The appellant was uninformed of this revocation. The deceased passed away on the 16 October 2012. The appellant subsequently claimed letters of administration on the grounds of intestacy.

The appellant discovered a document of the deceased in an opened ‘L & C Blue Ribbon’ envelope amongst personal accessories of the deceased. Inscribed was the words, ‘the envelope contains the will of ‘.

Contained in the

Comparatively, the respondent and her two sons were to be bequeathed ‘nothing’. Prior statement, in early 2008, alleges that deceased was to bequeath ‘everything’ to the appellant. Informal document did not entitle the appellant to china. His Honour concluded that the 2008 statement is contradictory to the informal document. The deceased’s china was mentioned one a single instance in the document. There was no official mention of moneys or shares in the 2008 statement. His Honour’s asserts that the inconsistent references to these items further reinforces irregularities between the 2008 statement and informal