McGettigan v Coulter & Anor; Coulter & Anor v McGettigan [2021] NSWSC 1097

McGettigan v Coulter & Anor; Coulter & Anor v McGettigan [2021] NSWSC 1097

The alleged 2016 will and the alleged inter vivos instruments were not genuine: the surrounding circumstances, inconsistent versions, lack of credible witnesses, expert handwriting evidence, hospital records and the Court's adverse credibility findings established that they were false documents created by John Patrick McGettigan. Because the 2016 will was false and no pre-2000 will in his favour was proved, Mr McGettigan had no sufficient interest to challenge the 2000 will. The 2000 will was supported by credible attesting witnesses, expert evidence and surrounding documents, and was validly executed and approved by Brian Bernard McGettigan. Consequently probate relief was granted to the...

Jurisdiction
Australia
Judgment Date
31 August 2021
Procedural Posture
Probate Proceedings and Equity Proceedings Heard Together / Final Hearing; Principal Judgment
Outcome
Letters of administration with the 19 January 2000 will annexed granted in solemn form to Glen Patrick Coulter and Rhonda Anne Coulter; John Patrick McGettigan's probate cross-claim and equity claim dismissed; costs ordered against John Patrick McGettigan; leave and directions given for any special costs...
Legal Topics
['validity of Wills' 'probate and Administration' 'suspicious Circumstances Rule' 'standing to Challenge a Will' 'forgery' 'equitable Interest in Property' 'inter Vivos Instruments' 'application to Reopen After Judgment Reserved' 'credibility Evidence']
['succession' 'equity' 'civil Procedure' 'evidence'] ['validity of Wills' 'probate and Administration' 'suspicious Circumstances Rule' 'standing to Challenge a Will' 'forgery' 'equitable Interest in Property' 'inter Vivos Instruments' 'application to Reopen After Judgment Reserved' 'credibility Evidence']

Case Brief

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Procedural Posture

Probate Proceedings and Equity Proceedings Heard Together / Final Hearing; Principal Judgment

Legal Issues

  1. 1 ["Whether John Patrick McGettigan had standing to challenge Brian Bernard McGettigan's 19 January 2000 will." 'Whether the alleged 16 July 2016 will was valid or was a false document created by John Patrick McGettigan.' 'Whether the 19 January 2000 will was validly executed and should be admitted to probate.' 'Whether the alleged 1991 ownership agreement, 1997 sale agreement, 2016 sale agreement and July 2016 leases were genuine and enforceable instruments conferring interests on John Patrick McGettigan.' 'Whether the case should be reopened to admit further evidence concerning the 7 January 2000 Legal Wills Made Easy letter.' 'Whether findings of forgery should be referred for possible further action.']

Ratio Decidendi

The alleged 2016 will and the alleged inter vivos instruments were not genuine: the surrounding circumstances, inconsistent versions, lack of credible witnesses, expert handwriting evidence, hospital records and the Court's adverse credibility findings established that they were false documents created by John Patrick McGettigan. Because the 2016 will was false and no pre-2000 will in his favour was proved, Mr McGettigan had no sufficient interest to challenge the 2000 will. The 2000 will was supported by credible attesting witnesses, expert evidence and surrounding documents, and was validly executed and approved by Brian Bernard McGettigan. Consequently probate relief was granted to the...

Court Disposition

Letters of administration with the 19 January 2000 will annexed granted in solemn form to Glen Patrick Coulter and Rhonda Anne Coulter; John Patrick McGettigan's probate cross-claim and equity claim dismissed; costs ordered against John Patrick McGettigan; leave and directions given for any special costs...

Orders

  • ['Dismiss the Amended Statement of Cross-Claim filed on 17 April 2019.' 'Dismiss the Amended Statement of Claim filed on 17 April 2020.' 'Grant letters of administration with the will annexed in solemn form to Glen Patrick Coulter and Rhonda Anne Coulter of the will of the late Brian Bernard McGettigan dated 19...