In Wool v Marino [2024] QSC 89, the Supreme Court of Queensland was asked to determine the validity of an informal note as a will. The applicant, Juliana Wool, sought to have a note written by her mother, Erika Kaegi-Fluri, on 6 June 2022 admitted to probate, arguing it represented Erika's testamentary intentions. The note, found after Erika's death, expressed a wish to leave her estate to Juliana, contrary to Erika's formal will dated 22 May 2020, which divided the estate among the RSPCA and two friends, excluding Juliana.
Justice Henry ruled that the note did not meet the requirements of s 18 of the Succession Act 1981 (Qld) since it did not clearly demonstrate Erika's intention for the document to serve as her will without further formalisation. Additionally, the Court considered factors such as Erika’s cognitive decline and emotional volatility. Ultimately, the Court upheld the validity of the formal 2020 will and dismissed Juliana's application. However, Juliana's application for maintenance and support will proceed with further directions.