Knight v Fawell in the Estate of Fawell [2005] NSWSC 1363

Knight v Fawell in the Estate of Fawell [2005] NSWSC 1363

The 8 November 2002 document was a document representing the deceased's testamentary intentions and was intended by him to operate as his will: it was expressed on its face to be his will, was written and signed by him, was referred to by him as his will, was made after the breakdown of his marriage to alter the earlier 1999 will, was witnessed by Mr Turner at the deceased's request, and was kept securely with important documents. The requirements of s18A were therefore made out and the document should be admitted to probate.

Jurisdiction
Australia
Judgment Date
22 August 2005
Procedural Posture
Probate Proceedings Concerning Whether an Informal Document Satisfied S18 a of the Wills Probate and Administration Act 1898 / Judgment on Summons and Cross Claim for a S18 a Declaration and Letters of Administration With the Will Annexed
Outcome
Summons dismissed; s18A declaration made; letters of administration with the will dated 8 November 2002 annexed granted to Mark Edward Fawell; costs of both parties to be paid out of the estate.
Legal Topics
['informal Will' 'testamentary Intention' 'section 18 a Declaration' 'probate' 'letters of Administration With the Will Annexed']
['wills, Probate and Administration'] ['informal Will' 'testamentary Intention' 'section 18 a Declaration' 'probate' 'letters of Administration With the Will Annexed']

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 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Probate Proceedings Concerning Whether an Informal Document Satisfied S18 a of the Wills Probate and Administration Act 1898 / Judgment on Summons and Cross Claim for a S18 a Declaration and Letters of Administration With the Will Annexed

Legal Issues

  1. 1 ['Whether the document signed by Peter Mark Fawell on 8 November 2002 was intended by him to be his will' 'Whether the document fulfilled the requirements under s18A of the Wills Probate and Administration Act 1898 despite being witnessed by only one person']

Ratio Decidendi

The 8 November 2002 document was a document representing the deceased's testamentary intentions and was intended by him to operate as his will: it was expressed on its face to be his will, was written and signed by him, was referred to by him as his will, was made after the breakdown of his marriage to alter the earlier 1999 will, was witnessed by Mr Turner at the deceased's request, and was kept securely with important documents. The requirements of s18A were therefore made out and the document should be admitted to probate.

Court Disposition

Summons dismissed; s18A declaration made; letters of administration with the will dated 8 November 2002 annexed granted to Mark Edward Fawell; costs of both parties to be paid out of the estate.

Orders

  • ['The summons be dismissed.' 'The declaration sought in para 1 of the cross-claim be made.' 'Letters of administration with the will dated 8 November 2002 annexed of the estate of Peter Mark Fawell, deceased, be granted to Mark Edward Fawell, one of the beneficiaries under the said will.' 'It be referred to the...