I L Pardey & Ors v A W Pardey [2017] NSWSC 1413

I L Pardey & Ors v A W Pardey [2017] NSWSC 1413

Probate in solemn form is granted for the Will dated 10 June 1998 as all formal requirements are met, knowledge and approval are established, and no question of lack of capacity arises. The Codicil dated 29 June 2011 is not admitted to probate as it would have no operative effect in the events that have happened, in line with established practice.

Parties
First Plaintiff: Ian Leslie Pardey; Second Plaintiff: Sarah Jane Ellis; Third Plaintiff: Andrew William Pardey; Defendant: Arthur William Pardey
Jurisdiction
Australia
Judgment Date
17 October 2017
Procedural Posture
Probate Proceedings / Final Judgment on Application for Grant of Probate
Outcome
Probate of the Will dated 10 June 1998 granted in solemn form to the Plaintiffs; probate of the 2011 Codicil not granted; costs as agreed between parties.
Legal Topics
Grant of Probate in Solemn Form, Duly Executed Will, Codicil With No Operative Effect, Testamentary Capacity
Succession Wills and Probate Grant of Probate in Solemn Form Duly Executed Will Codicil With No Operative Effect Testamentary Capacity

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Parties

Ian Leslie Pardey

First Plaintiff

Sarah Jane Ellis

Second Plaintiff

Andrew William Pardey

Third Plaintiff

Arthur William Pardey

Defendant

Procedural Posture

Probate Proceedings / Final Judgment on Application for Grant of Probate

Legal Issues

  1. 1 Whether the Will dated 10 June 1998 was duly executed and should be admitted to probate in solemn form
  2. 2 Whether the Codicil dated 29 June 2011, with no operative effect, should be admitted to probate

Ratio Decidendi

Probate in solemn form is granted for the Will dated 10 June 1998 as all formal requirements are met, knowledge and approval are established, and no question of lack of capacity arises. The Codicil dated 29 June 2011 is not admitted to probate as it would have no operative effect in the events that have happened, in line with established practice.

Court Disposition

Probate of the Will dated 10 June 1998 granted in solemn form to the Plaintiffs; probate of the 2011 Codicil not granted; costs as agreed between parties.

Orders

  • Grant of probate in solemn form of the Will dated 10 June 1998 to the Plaintiffs
  • Probate of the 2011 Codicil dated 29 June 2011 not granted