Tonkiss & Anor v Graham & Ors [2002] NSWSC 891

Tonkiss & Anor v Graham & Ors [2002] NSWSC 891

The Court is satisfied that Marjorie Bobs Thompson knew and approved of the gift of 50% of the residue of her estate to Lorraine Gay Tonkiss in the 1988 Will and made that gift freely and voluntarily within the meaning of section 13(2)(c) of the Wills, Probate and Administration Act 1898; therefore, the gift to Lorraine Gay Tonkiss is not void.

Jurisdiction
Australia
Judgment Date
04 October 2002
Procedural Posture
Probate Application/dispute / Judgment in First Instance
Outcome
Gift upheld; probate granted to named executors
Legal Topics
['probate' 'wills' 'interested Witness' "testatrix's Knowledge and Approval" 'free and Voluntary Disposition' 'section 13 of Wills, Probate and Administration Act 1898']
['succession Law'] ['probate' 'wills' 'interested Witness' "testatrix's Knowledge and Approval" 'free and Voluntary Disposition' 'section 13 of Wills, Probate and Administration Act 1898']

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Procedural Posture

Probate Application/dispute / Judgment in First Instance

Legal Issues

  1. 1 ['Whether the gift to Lorraine Tonkiss under the 1988 Will, witnessed by her spouse David Tonkiss, is void under section 13 of the Wills, Probate and Administration Act 1898' 'Whether the testatrix knew and approved of the gift to Lorraine Tonkiss and made it freely and voluntarily in terms of section 13(2)(c)']

Ratio Decidendi

The Court is satisfied that Marjorie Bobs Thompson knew and approved of the gift of 50% of the residue of her estate to Lorraine Gay Tonkiss in the 1988 Will and made that gift freely and voluntarily within the meaning of section 13(2)(c) of the Wills, Probate and Administration Act 1898; therefore, the gift to Lorraine Gay Tonkiss is not void.

Court Disposition

Gift upheld; probate granted to named executors

Orders

  • ['Order that probate, in solemn form, of the Will made 14 December 1988 by the late Marjorie Bobs Thompson be granted to David James Tonkiss and Lorraine Gay Tonkiss.' 'Order that the proceedings be remitted to the Registrar to complete the grant.' 'Declaration that the Court is satisfied that Marjorie Bobs Thompson...