Mouglalis v - ; Beverly Griggs v Julie Ann Mouglalis & Ors (No 2) [2007] NSWSC 208

Mouglalis v - ; Beverly Griggs v Julie Ann Mouglalis & Ors (No 2) [2007] NSWSC 208

The presumption that the will was destroyed by the deceased and thus revoked was not rebutted; the requirements for admitting the instrument to probate were not met, so the deceased died intestate. DNA evidence and other statements proved that Mrs Sullivan's children are children of the deceased and entitled equally on intestacy.

Jurisdiction
Australia
Judgment Date
15 March 2007
Procedural Posture
Probate and Administration Proceedings / Final Judgment
Outcome
Application for probate or administration with instrument annexed refused; declaration of intestacy; administration granted to Julie Ann Mouglalis.
Legal Topics
['probate of Lost or Informal Will' 'intestacy' 'paternity in Succession' 'rebuttal of Presumption of Destruction']
['succession Law'] ['probate of Lost or Informal Will' 'intestacy' 'paternity in Succession' 'rebuttal of Presumption of Destruction']

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Procedural Posture

Probate and Administration Proceedings / Final Judgment

Legal Issues

  1. 1 ['Whether the contents of the purported will/instrument should be admitted to probate under Wills, Probate and Administration Act 1898, s 18A' 'Whether the presumption of destruction of the will was rebutted' "Paternity of Mrs Sullivan's children for the purposes of intestate distribution"]

Ratio Decidendi

The presumption that the will was destroyed by the deceased and thus revoked was not rebutted; the requirements for admitting the instrument to probate were not met, so the deceased died intestate. DNA evidence and other statements proved that Mrs Sullivan's children are children of the deceased and entitled equally on intestacy.

Court Disposition

Application for probate or administration with instrument annexed refused; declaration of intestacy; administration granted to Julie Ann Mouglalis.

Orders

  • ['Summons and notice of motion by Ms Griggs dismissed.' 'Declaration that the deceased died intestate and was the father of Ms Janneke Wijma, Ms Tineke Wijma, Mrs Mouglalis, Mr Geoffrey Sullivan and Mr Scott Sullivan.' 'Order that administration of the estate of the deceased be granted to Mrs Mouglalis.']