Estate of Ivan John Gonda [2012] NSWSC 357

Estate of Ivan John Gonda [2012] NSWSC 357

The Court was not satisfied that the deceased intended the document dated 16 January 2011 to form his will or to revoke or alter his will of 21 December 2010, given the absence of formalities and circumstances indicating lack of intent for the document to operate immediately as a will.

Jurisdiction
Australia
Judgment Date
12 March 2012
Procedural Posture
Probate Proceedings / Judgment on Application Regarding Informal Will
Outcome
Application granted; declaration made that the document of 16 January 2011 is not the will or a valid alteration/revocation.
Legal Topics
['informal Wills' 'intention to Revoke or Alter Will']
['wills and Estates'] ['informal Wills' 'intention to Revoke or Alter Will']

Case Brief

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Procedural Posture

Probate Proceedings / Judgment on Application Regarding Informal Will

Legal Issues

  1. 1 ['Whether the deceased intended a document dated 16 January 2011 to form his will or to alter or revoke a prior will']

Ratio Decidendi

The Court was not satisfied that the deceased intended the document dated 16 January 2011 to form his will or to revoke or alter his will of 21 December 2010, given the absence of formalities and circumstances indicating lack of intent for the document to operate immediately as a will.

Court Disposition

Application granted; declaration made that the document of 16 January 2011 is not the will or a valid alteration/revocation.

Orders

  • ['Order in accordance with paragraph 2 of the summons filed on 28 November 2011.' "Declare that the Court is not satisfied that the deceased intended that a document entitled 'My Last Will and Testament' and bearing date 16 January 2011 form his will or an alteration or full or partial revocation of his will."...