Introduction Of Law Case Law

1811 Words Apr 20th, 2016 8 Pages
LLB101 Introduction to Law
Case Law Assignment Sem 1 2016

Question 1

Material facts of this case that arose prior to the appeal hearing.
• Lindsay – Male, appellant, son of deceased
• McGrath – Female, respondent, estranged daughter of deceased
• Deceased made a Will with the Public Trustee in 1986 but later revoked the will
• The appellant assumed post death that no Will was existent
• Appellant applied to the Supreme Court for letters of administration on the basis of intestacy
• On 9th Of July 2013, a Will was found in a personal storage box with a Will that was not signed or dated by the deceased o The will stated to gift the deceased’s Camp Hill property and its contents to Lindsay and specifically left instructions not to leave anything to her estranged daughter, McGrath.
• In 2014, the applicant brought an initial application seeking that the court declares the handwritten document as the deceased’s last will
• The application was dismissed and later appealed in 2014

Question 2
What was the main ground of appeal in this case?
The main ground of appeal was in regards to the Lindsay finding a handwritten document which he wished to be declared as the deceased’s last Will. The Will did not fulfil the requirements of s 10 of the Succession Act 1981 (QLD). The handwritten document in which the deceased had written her name was not appointed an executor, undated and had multiple corrections and deletions. The torn edges also signified that it was incomplete and…

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