Estate of Francis Collins [2000] NSWSC 407

Estate of Francis Collins [2000] NSWSC 407

The informal document contained no revocation clause, followed a general scheme similar to the original will, added only specific directions about bodily remains and the furnished house, and did not expressly revoke the appointment of executors or trustees. The deceased therefore intended it to be an alteration of the previous will, so the two documents should be read together with the informal document prevailing to the extent of any inconsistency.

Jurisdiction
Australia
Judgment Date
15 May 2000
Procedural Posture
Probate Proceeding / Notice of Motion Filed on 14 April 2000 After Prior Determination That an Informal Document Dated 23 April 1995 Was a Testamentary Document
Outcome
Further orders to be made in accordance with prayers 1 and 2 in the notice of motion of 14 April 2000, with liberty to apply.
Legal Topics
['revocation of Wills' 'inconsistent Testamentary Instruments' 'informal Testamentary Document' 'codicil or Amendment' 'no Revocation Clause']
['succession' 'probate'] ['revocation of Wills' 'inconsistent Testamentary Instruments' 'informal Testamentary Document' 'codicil or Amendment' 'no Revocation Clause']

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Procedural Posture

Probate Proceeding / Notice of Motion Filed on 14 April 2000 After Prior Determination That an Informal Document Dated 23 April 1995 Was a Testamentary Document

Legal Issues

  1. 1 ['Whether the informal document dated 23 April 1995 should be treated as a codicil or amendment of the previous will so that so much of the previous will as is not inconsistent with it should also be admitted to probate.' 'Whether the testator intended the informal document to completely revoke his former will or merely to amend or partially revoke it.']

Ratio Decidendi

The informal document contained no revocation clause, followed a general scheme similar to the original will, added only specific directions about bodily remains and the furnished house, and did not expressly revoke the appointment of executors or trustees. The deceased therefore intended it to be an alteration of the previous will, so the two documents should be read together with the informal document prevailing to the extent of any inconsistency.

Court Disposition

Further orders to be made in accordance with prayers 1 and 2 in the notice of motion of 14 April 2000, with liberty to apply.

Orders

  • ['Further orders should be made in accordance with prayers 1 and 2 in the notice of motion of 14 April 2000.' 'There should be liberty to apply.']