LYNCH v MICHAEL [1999] NSWSC 13

LYNCH v MICHAEL [1999] NSWSC 13

The evidence of the plaintiff and the two attesting witnesses that they were present when Norma Michael executed the will dated 17 October 1995 was clear, credible and not shaken in cross-examination, and it outweighed the handwriting expert evidence and the first defendant's evidence. The Court found the document was duly executed, was not a forgery, and truly bore the testatrix's signature, so probate in solemn form should be granted and the earlier common form grant revoked.

Jurisdiction
Australia
Judgment Date
01 February 1999
Procedural Posture
Probate Proceedings in Solemn Form / Judgment After Hearing
Outcome
Judgment for the plaintiff; probate in solemn form granted for the will dated 17 October 1995; prior probate in common form of the will dated 27 July 1995 revoked.
Legal Topics
['opposed Probate' 'alleged Forged Will' 'expert Handwriting Evidence' 'attesting Witnesses' 'revocation of Probate in Common Form' 'probate in Solemn Form']
['wills, Probate and Administration'] ['opposed Probate' 'alleged Forged Will' 'expert Handwriting Evidence' 'attesting Witnesses' 'revocation of Probate in Common Form' 'probate in Solemn Form']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Probate Proceedings in Solemn Form / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the document dated 17 October 1995 was duly executed by Norma Michael as her last will.' "Whether the document dated 17 October 1995 was forged and did not truly bear Norma Michael's signature." 'Whether the common form grant of probate of the will dated 27 July 1995 should be revoked.']

Ratio Decidendi

The evidence of the plaintiff and the two attesting witnesses that they were present when Norma Michael executed the will dated 17 October 1995 was clear, credible and not shaken in cross-examination, and it outweighed the handwriting expert evidence and the first defendant's evidence. The Court found the document was duly executed, was not a forgery, and truly bore the testatrix's signature, so probate in solemn form should be granted and the earlier common form grant revoked.

Court Disposition

Judgment for the plaintiff; probate in solemn form granted for the will dated 17 October 1995; prior probate in common form of the will dated 27 July 1995 revoked.

Orders

  • ['Give judgment for the plaintiff and grant to the plaintiff probate in solemn form of the will of the testatrix made on 17 October 1995.' 'Order that probate in common form granted on 29 November 1995 to the Public Trustee, the second defendant, of the will of the testatrix dated 27 July 1995 be revoked.' "Order...