Tristram, Application of Eunice Helen [2012] NSWSC 657

Tristram, Application of Eunice Helen [2012] NSWSC 657

The documents saved on the deceased's computer expressed his thinking and possible testamentary intentions, but their contents, including unresolved questions about trusts, ownership, passing on interests and survivors, showed that he had not completed the task of making a will or intended either document to have present operation as his will. His later statement to his daughter that he had changed his will was not sufficiently strong evidence that either computer document was intended to be his will. The Court was therefore not satisfied that either document formed the deceased's last will, and declared that he died intestate.

Jurisdiction
Australia
Judgment Date
04 June 2012
Procedural Posture
Application Concerning Whether Informal Computer Documents Should Be Declared to Form the Deceased's Will Under Succession Act 2006, S 8 / First Instance, Equity Division Probate List
Outcome
The Court declared that the deceased died intestate and did not admit either informal computer document as the deceased's will.
Legal Topics
['informal Wills' 'testamentary Intentions' 'intestacy' 'dispensing With Formal Execution Requirements']
['wills, Probate and Administration' 'succession Law'] ['informal Wills' 'testamentary Intentions' 'intestacy' 'dispensing With Formal Execution Requirements']

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Procedural Posture

Application Concerning Whether Informal Computer Documents Should Be Declared to Form the Deceased's Will Under Succession Act 2006, S 8 / First Instance, Equity Division Probate List

Legal Issues

  1. 1 ["Whether either or both documents found on the deceased's computer were documents that the deceased intended to form his will." 'Whether the deceased intended the informal documents, without more, to operate as his will under Succession Act 2006, s 8.' 'Whether the deceased died intestate.']

Ratio Decidendi

The documents saved on the deceased's computer expressed his thinking and possible testamentary intentions, but their contents, including unresolved questions about trusts, ownership, passing on interests and survivors, showed that he had not completed the task of making a will or intended either document to have present operation as his will. His later statement to his daughter that he had changed his will was not sufficiently strong evidence that either computer document was intended to be his will. The Court was therefore not satisfied that either document formed the deceased's last will, and declared that he died intestate.

Court Disposition

The Court declared that the deceased died intestate and did not admit either informal computer document as the deceased's will.

Orders

  • ['Declaration and orders made as set out in the short minutes of order entitled "Alternative 2" handed up by counsel for the plaintiff.' 'The plaintiff is entitled to the costs of the proceedings out of the estate on the indemnity basis.' 'Order 3 was modified to substitute the word "complete" for "perfect".']