Re Estate Sharman; Ex parte Versluis [1999] NSWSC 709

Re Estate Sharman; Ex parte Versluis [1999] NSWSC 709

The prepared document could not be admitted to probate because the testatrix had neither seen nor read it, and there was insufficient evidence she intended it to operate as her will without further formalities. The requirements of s 18A had not been satisfied.

Jurisdiction
Australia
Judgment Date
05 July 1999
Procedural Posture
Application to Review Registrar's Decision Refusing Probate / Review of Registrar's Decision
Outcome
Probate refused
Legal Topics
['informal Will' 'probate' 'will Execution' 'testamentary Trusts']
['succession'] ['informal Will' 'probate' 'will Execution' 'testamentary Trusts']

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Procedural Posture

Application to Review Registrar's Decision Refusing Probate / Review of Registrar's Decision

Legal Issues

  1. 1 ["Whether an unexecuted document prepared by a solicitor after instructions from testatrix's daughter, and not seen by testatrix, should be admitted to probate as the last will under s 18A of the Wills Probate and Administration Act 1898"]

Ratio Decidendi

The prepared document could not be admitted to probate because the testatrix had neither seen nor read it, and there was insufficient evidence she intended it to operate as her will without further formalities. The requirements of s 18A had not been satisfied.

Court Disposition

Probate refused

Orders

  • ["Registrar's decision affirmed" 'Application for probate dismissed']