Williams v Lawson [1999] NSWSC 844

Williams v Lawson [1999] NSWSC 844

The signed handwritten documents were in relatively formal terms, used legal expressions, dealt with executorship and the Perthville property, and were consistent with repeated statements by the deceased that Mr Lawson was to have the Perthville property. The deceased's statement to Mr Burke, after showing him the document, that "that is what is happening now" indicated present effect. The Court was satisfied that the documents expressed the deceased's testamentary intentions and were intended to operate as an amendment to his will, so they should be admitted to probate under s 18A.

Jurisdiction
Australia
Judgment Date
20 August 1999
Procedural Posture
Probate Proceedings Concerning Informal Testamentary Documents / Judgment on Cross Claim Seeking Admission of Documents to Probate
Outcome
The documents were admitted to probate and orders were made on the cross-claim.
Legal Topics
['informal Wills' 'testamentary Intention' 'admission to Probate Under S18 A' 'costs From Estate']
['wills, Probate and Administration'] ['informal Wills' 'testamentary Intention' 'admission to Probate Under S18 A' 'costs From Estate']

Case Brief

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Procedural Posture

Probate Proceedings Concerning Informal Testamentary Documents / Judgment on Cross Claim Seeking Admission of Documents to Probate

Legal Issues

  1. 1 ['Whether the documents dated 22 April 1996 and 22 July 1998 should be admitted to probate under s 18A of the Wills Probate Administration Act 1898.' 'Whether the deceased intended the documents, without more, to constitute an amendment to his will with immediate operation.' "Whether evidence of the deceased's statements and the circumstances of execution showed testamentary intention."]

Ratio Decidendi

The signed handwritten documents were in relatively formal terms, used legal expressions, dealt with executorship and the Perthville property, and were consistent with repeated statements by the deceased that Mr Lawson was to have the Perthville property. The deceased's statement to Mr Burke, after showing him the document, that "that is what is happening now" indicated present effect. The Court was satisfied that the documents expressed the deceased's testamentary intentions and were intended to operate as an amendment to his will, so they should be admitted to probate under s 18A.

Court Disposition

The documents were admitted to probate and orders were made on the cross-claim.

Orders

  • ['Orders as sought in paragraphs (i) to (iv) of the cross-claim.' 'Costs of all parties to be paid out of the estate, with the costs of the plaintiff and the cross-claimant on an indemnity basis pursuant to Pt 52A r 37A of the rules.' 'The exhibits, other than the testamentary documents, can be returned.']