Re Morgan [1999] NSWSC 522

Re Morgan [1999] NSWSC 522

The handwritten document satisfied the first two s 18A inquiries but the Court was not satisfied, on the balance of probabilities, that the testatrix intended it without more to constitute her will. She knew how to make and execute wills, had recently dealt with solicitors, sent the document to a solicitor who had requested beneficiary addresses, and the document was more likely instructions for another will than a will itself. The document was therefore not admitted, the plaintiffs were entitled to administration cta of the 29 May 1998 will, and because the opponents' case had little chance of success and was not a sufficient basis for costs out of the estate, they were ordered to pay...

Jurisdiction
Australia
Judgment Date
24 May 1999
Procedural Posture
Probate Application for Administration Cta / Contested Hearing and Judgment
Outcome
The handwritten document PX02 was not admitted as a testamentary document; the plaintiffs were entitled to administration cta of the will PX01 dated 29 May 1998; the opponents were ordered to pay the plaintiffs' costs of the contested hearing; Wesley Mission was to bear its own costs.
Legal Topics
['informal Will' 'administration Cta' 'costs Out of Estate' 'testamentary Intention' 'wills Probate and Administration Act 1898 (nsw) S 18 A']
['succession' 'probate' 'civil Procedure'] ['informal Will' 'administration Cta' 'costs Out of Estate' 'testamentary Intention' 'wills Probate and Administration Act 1898 (nsw) S 18 A']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Probate Application for Administration Cta / Contested Hearing and Judgment

Legal Issues

  1. 1 ['Whether the handwritten document headed "WILL. June 1998." should be admitted as a testamentary document under s 18A of the Wills Probate and Administration Act 1898.' 'Whether the plaintiffs were entitled to administration cta of the will dated 29 May 1998.' "Whether the opponents' costs should be paid out of the estate or whether they should pay the plaintiffs' costs of the contested hearing."]

Ratio Decidendi

The handwritten document satisfied the first two s 18A inquiries but the Court was not satisfied, on the balance of probabilities, that the testatrix intended it without more to constitute her will. She knew how to make and execute wills, had recently dealt with solicitors, sent the document to a solicitor who had requested beneficiary addresses, and the document was more likely instructions for another will than a will itself. The document was therefore not admitted, the plaintiffs were entitled to administration cta of the 29 May 1998 will, and because the opponents' case had little chance of success and was not a sufficient basis for costs out of the estate, they were ordered to pay...

Court Disposition

The handwritten document PX02 was not admitted as a testamentary document; the plaintiffs were entitled to administration cta of the will PX01 dated 29 May 1998; the opponents were ordered to pay the plaintiffs' costs of the contested hearing; Wesley Mission was to bear its own costs.

Orders

  • ['The document PX02 is not admitted as a testamentary document.' 'The plaintiffs are entitled to administration cta of the will PX01 dated 29 May 1998.' 'The matter is referred to the Registrar to complete the grant.' 'The opponents are to pay the costs of the plaintiffs of the contested hearing.' 'Wesley Mission...