The applicant sought a declaration that a handwritten document prepared by his late sister was a valid holographic will, and an order permitting him to apply for a certificate of appointment of estate trustee.
The court found that the document was not a valid holographic will because it did not contain a deliberate or fixed and final expression of intention to dispose of property upon death, and the applicant failed to establish the deceased's testamentary capacity given suspicious circumstances surrounding her prior declaration of incapacity.
The request to apply for a certificate of appointment without a will was adjourned for further evidence regarding the search for a will.
