Alan Yazbek v Ghosn Yazbek & Anor [2012] NSWSC 594

Alan Yazbek v Ghosn Yazbek & Anor [2012] NSWSC 594

The Court found that 'Will.doc' on the deceased’s computer was a document within the meaning of the Succession Act, purported to state the deceased’s testamentary intentions, and was intended by the deceased to form his will, satisfying s 8. The loss or non-production of an unsigned printed copy did not evidence revocation, nor negate the efficacy of the electronic version as the last will. The Court accordingly ordered that 'Will.doc' be admitted to probate.

Parties
Plaintiff: Alan Yazbek; First Defendant: Ghosn Yazbek; Second Defendant: Mouna Yazbek
Jurisdiction
Australia
Judgment Date
01 June 2012
Procedural Posture
Succession Probate Proceedings / Final Judgment Determining Validity of Informal Will
Outcome
Will.doc admitted to probate as last will of the deceased. Parties directed to file submissions on revocation of letters of administration, appointment of administrators, and costs. Proceedings listed for further argument. Liberty to apply granted.
Legal Topics
Informal Wills, Testamentary Intention, Revocation of Will, Probate Practice, Lost Wills, Succession Act S 8
Succession Law Equity Informal Wills Testamentary Intention Revocation of Will Probate Practice Lost Wills Succession Act S 8

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Parties

Alan Yazbek

Plaintiff

Ghosn Yazbek

First Defendant

Mouna Yazbek

Second Defendant

Procedural Posture

Succession Probate Proceedings / Final Judgment Determining Validity of Informal Will

Legal Issues

  1. 1 Whether the electronic document 'Will.doc' created by the deceased constitutes a valid will under Succession Act 2006 (NSW) s 8
  2. 2 Whether the document purports to state the testamentary intentions of the deceased
  3. 3 Whether the deceased intended 'Will.doc' to form his will

Ratio Decidendi

The Court found that 'Will.doc' on the deceased’s computer was a document within the meaning of the Succession Act, purported to state the deceased’s testamentary intentions, and was intended by the deceased to form his will, satisfying s 8. The loss or non-production of an unsigned printed copy did not evidence revocation, nor negate the efficacy of the electronic version as the last will. The Court accordingly ordered that 'Will.doc' be admitted to probate.

Court Disposition

Will.doc admitted to probate as last will of the deceased. Parties directed to file submissions on revocation of letters of administration, appointment of administrators, and costs. Proceedings listed for further argument. Liberty to apply granted.

Orders

  • Declare that the Microsoft Word document 'Will.doc' located on the deceased’s Toshiba laptop is the will of Daniel Yazbek.
  • Direct that parties file and serve submissions by specified date on revocation of letters of administration issued to defendants, on appointment of a replacement administrator if revoked, and on costs.