Estate Yee [2015] NSWSC 1574

Estate Yee [2015] NSWSC 1574

The handwritten will is to be construed as a codicil to the earlier, professionally drafted typed will, not as a complete revocation. Both instruments operate together, giving effect to the deceased's intention as manifested across both documents, with the typed will as amended by the handwritten codicil admitted to probate.

Parties
First Plaintiff: Mary Chebbo; Second Plaintiff: George Yee; Defendant: Darunee Jarat
Jurisdiction
Australia
Judgment Date
19 October 2015
Procedural Posture
Probate / Grant of Probate and Letters of Administration
Outcome
A grant of probate in solemn form for the typed will dated 21 February 2013, as amended by the handwritten will dated 1 May 2013 as a codicil, admitted to probate. Letters of Administration with the Will annexed granted to the first plaintiff. Costs of all parties ordered to be paid out of the estate on the...
Legal Topics
Construction and Effect of Testamentary Dispositions, Ascertainment of Testator's Intention, Codicil, Revocation Clause, Grant of Probate, Letters of Administration
Succession Probate Equity Construction and Effect of Testamentary Dispositions Ascertainment of Testator's Intention Codicil Revocation Clause Grant of Probate +1 more

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Parties

Mary Chebbo

First Plaintiff

George Yee

Second Plaintiff

Darunee Jarat

Defendant

Procedural Posture

Probate / Grant of Probate and Letters of Administration

Legal Issues

  1. 1 Proper construction and characterisation of two testamentary instruments – typed will and handwritten will
  2. 2 Interpretation of revocation clause in handwritten will
  3. 3 Determination whether handwritten will operates as a codicil to typed will

Ratio Decidendi

The handwritten will is to be construed as a codicil to the earlier, professionally drafted typed will, not as a complete revocation. Both instruments operate together, giving effect to the deceased's intention as manifested across both documents, with the typed will as amended by the handwritten codicil admitted to probate.

Court Disposition

A grant of probate in solemn form for the typed will dated 21 February 2013, as amended by the handwritten will dated 1 May 2013 as a codicil, admitted to probate. Letters of Administration with the Will annexed granted to the first plaintiff. Costs of all parties ordered to be paid out of the estate on the...

Orders

  • Order that the will of the deceased dated 21 February 2013, as amended by the second, third, fourth and fifth paragraphs of the handwritten will dated 1 May 2013, be admitted to Probate in solemn form.
  • Order that Letters of Administration with the Will annexed be granted to the first plaintiff.