In the case of Re Allan (dec’d) [2024] QSC 277, the Supreme Court of Queensland, presided over by Justice Davis, addressed the application for letters of administration by Mark James Allan following the intestate death of his wife, Joanne Maree Allan. Initially, Joanne created wills in 1997 and 2003, with the latter revoking the former. In 2009, Joanne erroneously believed rescinding the 2003 will revived the 1997 one, leaving her effectively without a valid will upon her death. The court acknowledged Joanne's intestate status and recognized Mark as her surviving spouse, granting him priority for the administration of her estate. Consequently, the court ordered that subject to the registrar's formal requirements, Mark James Allan be provided letters of administration in intestacy, and that associated costs be covered by the estate on an indemnity basis.
Full text: https://www.sclqld.org.au/caselaw/150449