In the Estate of Robert Michael Hamaty, Deceased - Judgment

Determination of various issues in respect testamentary document; the requirements for the due execution and attestation of testamentary documents; the presumption of due execution; the need for positive, reliable and strong evidence to rebut such presumption; the fallibility of human recollection; the power to omit words from testamentary documents; whether a former invailid will can be republished by a subsequent valid codicil; whether a copy of testamentary document can be admitted to probate; whether a grant of probate of a previous will can be revoked; the importance of engaging lawyers where possible to prepare testamentary documents and to ensure valid execution and attestation. Succession; Probate; Evidence; Equity