In the Estate of Margaret, deceased [2012] NSWSC 1490

In the Estate of Margaret, deceased [2012] NSWSC 1490

The handwritten alterations were not intended by the deceased to operate as an alteration to her will; only the will dated 19 November 1998 should be admitted to probate. Louise has not shown that the provision for her in the will was less than adequate for her proper maintenance and advancement in life under Succession Act 2006 (NSW) s 59; her family provision claim is dismissed. Costs are payable from the estate for the executors, no costs order against Louise.

Jurisdiction
Australia
Judgment Date
06 December 2012
Procedural Posture
Probate and Family Provision Applications / Judgment
Outcome
Handwritten alterations not admitted to probate; probate granted for 1998 will; family provision claim dismissed; orders on costs made.
Legal Topics
['handwritten Alterations to Will' 'family Provision Claim' 'competing Claims of Beneficiaries' 'costs in Probate/family Provision Litigation']
['wills and Estates' 'family Provision' 'probate' 'equity'] ['handwritten Alterations to Will' 'family Provision Claim' 'competing Claims of Beneficiaries' 'costs in Probate/family Provision Litigation']

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Procedural Posture

Probate and Family Provision Applications / Judgment

Legal Issues

  1. 1 ['Whether deceased intended handwritten alterations to copy of will to form her will or an alteration to it' 'Whether family provision order should be made in favour of daughter, Louise' "Whether adequate provision was made for Louise's proper maintenance and advancement in life" 'Appropriate costs order in probate and family provision claims']

Ratio Decidendi

The handwritten alterations were not intended by the deceased to operate as an alteration to her will; only the will dated 19 November 1998 should be admitted to probate. Louise has not shown that the provision for her in the will was less than adequate for her proper maintenance and advancement in life under Succession Act 2006 (NSW) s 59; her family provision claim is dismissed. Costs are payable from the estate for the executors, no costs order against Louise.

Court Disposition

Handwritten alterations not admitted to probate; probate granted for 1998 will; family provision claim dismissed; orders on costs made.

Orders

  • ['Probate of will dated 19 November 1998 granted to plaintiffs in solemn form.' 'Alternative claim regarding marked copy of will dismissed.' 'Proceedings referred to Registrar to complete grant.' "Plaintiffs' (executors') costs payable out of estate on indemnity basis." "No order as to defendants' costs (probate...