In the Estate of Kiepas (Deceased); Twemlow v Kiepas [2004] NSWSC 452

In the Estate of Kiepas (Deceased); Twemlow v Kiepas [2004] NSWSC 452

Although the informal document contained testamentary provisions, the deceased said and did nothing to show that he intended it then and there to operate as his will or as a codicil. Its placement with the 1992 Will was equivocal, it disposed of only half the residue, it lacked a title or date, and the circumstances were consistent with notes for instructions to his solicitor rather than a final testamentary instrument. The informal document was therefore not admitted and probate was to be granted of the 1992 Will.

Jurisdiction
Australia
Judgment Date
02 June 2004
Procedural Posture
Application Under Section 18 a Wills, Probate and Administration Act 1898 to Admit an Informal Document to Probate / Judgment
Outcome
Grant concerning the informal document refused; the Will of Walcaw Kiepas made 8 May 1992 admitted to probate.
Legal Topics
['informal Wills' 'testamentary Intentions' 'grant of Probate' 'codicil']
['succession' 'probate and Administration'] ['informal Wills' 'testamentary Intentions' 'grant of Probate' 'codicil']

Case Brief

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Procedural Posture

Application Under Section 18 a Wills, Probate and Administration Act 1898 to Admit an Informal Document to Probate / Judgment

Legal Issues

  1. 1 ['Whether the informal document dictated by the deceased purported to embody his testamentary intentions.' 'Whether the Court was satisfied that the deceased intended the informal document to operate, without more on his part, as his will or as a codicil to his will.' 'Whether probate should instead be granted of the will made on 8 May 1992.']

Ratio Decidendi

Although the informal document contained testamentary provisions, the deceased said and did nothing to show that he intended it then and there to operate as his will or as a codicil. Its placement with the 1992 Will was equivocal, it disposed of only half the residue, it lacked a title or date, and the circumstances were consistent with notes for instructions to his solicitor rather than a final testamentary instrument. The informal document was therefore not admitted and probate was to be granted of the 1992 Will.

Court Disposition

Grant concerning the informal document refused; the Will of Walcaw Kiepas made 8 May 1992 admitted to probate.

Orders

  • ['Declare that the Will of Walcaw Kiepas made 8 May 1992 should be admitted to probate.' 'Refer the matter to the Registrar to complete formalities of the Grant.' 'Costs of the plaintiff on an indemnity basis to be paid from the Estate of the Late Walcaw Kiepas.' 'Costs of all other parties to be paid on an...