In the legal matter concerning the estate of James Edmond O’Connor - In the Will of James Edmond O’Connor (deceased); Ex parte Lennox [2024] QSC 224 - the Supreme Court of Queensland was asked to determine the validity of handwritten papers found among O’Connor's belongings posthumously. These notes, described as "Update and Changes to the Will of James Edmond O’Connor," were argued by Samantha Tracey Lennox, who sought a significant proportion of the estate for the Cancer Council, as an informal codicil. However, the court found that the notes lacked the formalities and intent to act as a testamentary document based on O’Connor’s awareness of legal protocol from previous will execution. It was concluded that the papers were preparatory, intended for drafting a new will rather than serving as effective changes to the existing one. Consequently, the application was dismissed, with Letters of Administration granted to Mary Catherine Simpson for the St Vincent de Paul Society Victoria Incorporated, the primary beneficiary under the established will. The court also decided that related costs be covered by the estate.
Full text: https://www.sclqld.org.au/caselaw/149011
From the TDLR Caselaw archive