Leslie v McDowell; Estate of Joyce Wilhelmina Commins [2000] NSWSC 727

On the balance of probabilities, the informal document was intended by the deceased to operate as her will and has not been revoked, so it should be admitted to probate under section 18A.

Parties: Plaintiff: Douglas Kevin Leslie; First Defendant: Norma Phyllis McDowell; First Defendant: Ian Wray Leslie; Second Defendant: Elizabeth Ann Cocks; Third Defendant: Kerril Ann Grun; Fourth Defendant: Wendy Hamilton
Jurisdiction: Australia
Judgment Date: 30 June 2000
Procedural Posture: Probate Application / Judgment
Outcome: Informal document declared to be the last will; probate to be completed; costs orders as specified.
Legal Topics: Informal Wills, Probate, Testamentary Intention

Succession Informal Wills Probate Testamentary Intention

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Parties

Douglas Kevin Leslie

Plaintiff

Norma Phyllis McDowell

First Defendant

Ian Wray Leslie

First Defendant

Elizabeth Ann Cocks

Second Defendant

Kerril Ann Grun

Third Defendant

Wendy Hamilton

Fourth Defendant

Procedural Posture

Probate Application / Judgment

Legal Issues

1 Whether an informal document written by the deceased constitutes her last will under s 18A of the Wills Probate and Administration Act 1898.

Ratio Decidendi

On the balance of probabilities, the informal document was intended by the deceased to operate as her will and has not been revoked, so it should be admitted to probate under section 18A.

Court Disposition

Informal document declared to be the last will; probate to be completed; costs orders as specified.

Orders

Declaration made that the informal document is the deceased's will; referred to Registrar in Probate to complete the grant.
Plaintiff's costs to be paid out of the estate.