Event and Time
Event Description
- Date of Death: 17 January 2017
- Deceased: Geoffrey William Larcombe (aged 58)
- Cause of Death: Disseminated Wegener’s granulomatosis, sepsis, and multi-organ failure.
- Survivors: Four siblings - Lyle John Larcombe (plaintiff), Trevor Percy Larcombe, Carolyn Merle Martin, and Glenda Margaret McLoughlin.
- Probate Application Filed: 7 June 2017 by Lyle John Larcombe for an informal will dated 3 December 2016.
- Key Issues: The informal will did not meet formal requirements of the Wills Act 1997 (Vic), including the lack of an attestation clause and only one witness.
Application and Claims
- Plaintiff's Claim: Sought to have the informal will admitted to probate as the valid will of the deceased.
- Defendants' Position: Carolyn and Glenda opposed the application, citing concerns over the validity of the informal will and the deceased's testamentary capacity.
Judicial Decisions
- The case was referred to the court due to opposition from certain beneficiaries.
- The court found that the informal will did not meet the criteria for admission to probate under s 9 of the Wills Act.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Arguments:
- The deceased expressed a desire to leave his estate primarily to the plaintiff. - The informal will, while informal, reflects the deceased’s intentions. - Weight was placed on testimony about the deceased’s mental competencies and willingness to execute the document.
- Contradictors' Arguments:
- Several witnesses raised concerns about the deceased's mental state and capacity at the time of signing. - The deceased's significant health issues right before signing the informal will raised questions about his testamentary intentions and capacity. - Inconsistencies in the plaintiff’s testimony regarding the context and execution of the informal will.