Summarise the material facts of this case that arose prior to the appeal hearing.
On the 16th October 2012 Nora Priscilla Lindsay died at the age of 90 and was survived by her son, Geoffrey Lindsay (the appellant), and her daughter Heather McGrath (the respondent). Soon after being granted letters of administration on intestacy on the 17th June 2013, the appellant located a document written and signed by the deceased, which served as the subject of the application for probate before the primary judge. The informal document was found with or in an L&C Blue Ribbon Will envelope, however has not been dated nor does it identify the deceased or any executors of the will. The document bequeaths Geoffrey Lindsay ownership of Nora Lindsay’s property at Camp…show more content… In signing the document, the deceased strongly indicated that she intended that the document itself constitute her will, opposed to merely represent a draft or a working note for a following will. All amendments to the document were minor, and included such matters as correcting spelling errors and updating the deceased’s age. No amendment were made to the bequeath of her estate to the appellant, nor to the reasoning behind excluding the respondent from the document. This therefore displays that this document should not be considered as uncompleted and the amendments indicate that the deceased continued to consider this as her will. Additionally, as the deceased placed the placed the intended will in an envelope that stated in blond and capitalisation “The Envelope Contains The Will of” also aids in Philippides JA conclusion that the decease did intend on this being her final will. This notion is further supported, by the decease including a copy of her birth certificate and a record of her personal and finical
