Currell v Baldock; Estate of Currell [2012] NSWSC 705

Currell v Baldock; Estate of Currell [2012] NSWSC 705

The informal will dated 19 February 2010 and the formal will dated 14 April 2007 together constitute the will of the deceased; informal amendments initialled and authenticated by the deceased are effective; later will prevails over earlier to extent of inconsistency; Tanya Currell is entitled to a conditional right of residence in the home and its contents, not an absolute estate; pecuniary legacies to elder daughters confirmed; estate property to be distributed per the combined terms of both instruments.

Parties
1st Plaintiff: Tanya Lee Currell; 2nd Plaintiff: Elizabeth Jean Thompson; 1st Defendant: Lynette Fae Baldock; 2nd Defendant: Joy Maree de Martini; 3rd Defendant: Debra Anne Phipps
Jurisdiction
Australia
Judgment Date
06 June 2012
Procedural Posture
Probate Proceedings / Principal Judgment
Outcome
Declaration of the will composed of two instruments; grant of probate; partial dismissal of claims; directions to registrar and executors; orders on costs.
Legal Topics
Construction of a Will, Intention Regarding Testamentary Documents, Informal Alteration to Wills, Revocation of Prior Wills, Conditional Right of Residence
Wills Probate and Administration Construction of a Will Intention Regarding Testamentary Documents Informal Alteration to Wills Revocation of Prior Wills Conditional Right of Residence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Tanya Lee Currell

1st Plaintiff

Elizabeth Jean Thompson

2nd Plaintiff

Lynette Fae Baldock

1st Defendant

Joy Maree de Martini

2nd Defendant

Debra Anne Phipps

3rd Defendant

Procedural Posture

Probate Proceedings / Principal Judgment

Legal Issues

  1. 1 Which documents constitute the will of the deceased
  2. 2 Whether informal amendments to the will are effective
  3. 3 Extent of revocation of prior wills by later documents

Ratio Decidendi

The informal will dated 19 February 2010 and the formal will dated 14 April 2007 together constitute the will of the deceased; informal amendments initialled and authenticated by the deceased are effective; later will prevails over earlier to extent of inconsistency; Tanya Currell is entitled to a conditional right of residence in the home and its contents, not an absolute estate; pecuniary legacies to elder daughters confirmed; estate property to be distributed per the combined terms of both instruments.

Court Disposition

Declaration of the will composed of two instruments; grant of probate; partial dismissal of claims; directions to registrar and executors; orders on costs.

Orders

  • Declare that the documents dated 19 February 2010 and 14 April 2007 form the will of the deceased.
  • Admit to probate the first three paragraphs and executor appointment, and specific bequest wording from the 14 April 2007 will.