Brad Anthony Wheatley v Ronald William Peek

2025/00234844

SUCCESSION – on 16 August 2022, the late Colin Laurence Peek (the Deceased) died aged 79 – no formal will was found, but a note titled “Last Will of Colin L. Peek” was discovered on the deceased’s iPhone (the Note) – the informal will left most of his $10.3 million estate to the Deceased’s friend Mr Brad Wheatley, with smaller gifts (approximately $990,000) to his brother Mr Ronald Peek – Mr Wheatley applied for probate under s 8 of the Succession Act 2006 (NSW) – Mr Peek disputed the Note’s validity, claiming the Deceased died intestate and sought administration of the estate under s 129 of the Succession Act, as the sole surviving sibling – Mr Wheatley filed a cross-claim seeking declarations that the Note was valid and formed the will of the deceased – the primary judge was not satisfied that the Deceased intended that the Note, without more on his part, have present operation as his will – accordingly, Mr Peek was entitled to the relief sought in the statement of claim and the cross-claim was dismissed – whether the primary judge erred in finding that the deceased did not intend the for the Note to form his last will – whether the primary judge erred in not admitting the Note to probate – whether the primary judge erred in allowing extraneous or irrelevant matters to guide or affect his Honour’s decision making process.