Snape v Gibson Re Estate of Paul Francis Snape [2006] NSWSC 829

Snape v Gibson Re Estate of Paul Francis Snape [2006] NSWSC 829

The signed and dated document was admitted because it was a document which on its face embodied testamentary intentions, and its relatively formal wording, signature, printed name, date, and the deceased's illness on the date it was made supported the conclusion that the deceased intended it to operate as his will without more.

Jurisdiction
Australia
Judgment Date
14 August 2006
Procedural Posture
Probate Proceeding Concerning an Informal Will Under S18 a of the Wills Probate and Administration Act 1898 / Judgment on Further Amended Summons and Cross Claim
Outcome
Document admitted under s18A of the Wills Probate and Administration Act 1898.
Legal Topics
['informal Wills' 'testamentary Intention' 'admission to Probate' 'family Provision Cross Claim']
['wills and Estates' 'probate'] ['informal Wills' 'testamentary Intention' 'admission to Probate' 'family Provision Cross Claim']

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Procedural Posture

Probate Proceeding Concerning an Informal Will Under S18 a of the Wills Probate and Administration Act 1898 / Judgment on Further Amended Summons and Cross Claim

Legal Issues

  1. 1 ['Whether a document signed and dated by the deceased but not witnessed should be admitted to probate under s18A of the Wills Probate and Administration Act 1898.' 'Whether the deceased intended the document, without more, to operate as his will.']

Ratio Decidendi

The signed and dated document was admitted because it was a document which on its face embodied testamentary intentions, and its relatively formal wording, signature, printed name, date, and the deceased's illness on the date it was made supported the conclusion that the deceased intended it to operate as his will without more.

Court Disposition

Document admitted under s18A of the Wills Probate and Administration Act 1898.

Orders

  • ['Declaration sought in paragraph 1 of the further amended summons made.' 'Matter referred to the Registrar to make any grant.' 'Exhibits other than Exhibit A may be returned.' "Costs of all parties to be paid out of the estate of the deceased, with the plaintiff's costs on the indemnity basis." 'Paragraphs (a),...