Carney v Neilson [2000] NSWSC 777

Carney v Neilson [2000] NSWSC 777

The document dated 5 August 1998 stated on its face that it was the last will and testament of Edward Peter Neilsen, was signed and dated by him, disposed of all his property to the plaintiff, closely followed the form of his brother's will, and was likely made after solicitors advised him to consider making a will. Together with evidence of the plaintiff's relationship with the deceased, these matters supported the finding that the document embodied his testamentary intentions and was intended to operate as his will from the date it was signed.

Jurisdiction
Australia
Judgment Date
27 July 2000
Procedural Posture
Probate Application Under S18 a of the Wills Probate and Administration Act 1898 / Judgment on Application for Declaration That Document Constitutes a Will and for Letters of Administration With the Document Annexed
Outcome
Declaration made; letters of administration with the document annexed ordered to be granted to the plaintiff; costs ordered out of the estate.
Legal Topics
['informal Will' 'testamentary Intentions' 'letters of Administration With Will Annexed' 'costs Out of Estate']
['succession' 'probate'] ['informal Will' 'testamentary Intentions' 'letters of Administration With Will Annexed' 'costs Out of Estate']

Case Brief

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Procedural Posture

Probate Application Under S18 a of the Wills Probate and Administration Act 1898 / Judgment on Application for Declaration That Document Constitutes a Will and for Letters of Administration With the Document Annexed

Legal Issues

  1. 1 ['Whether the document dated 5 August 1998 embodied the testamentary intentions of Edward Peter Neilsen and was intended by him to operate as his will.' 'Whether letters of administration with the document annexed should be granted to Frances Clare Carney.' 'What costs order should be made.']

Ratio Decidendi

The document dated 5 August 1998 stated on its face that it was the last will and testament of Edward Peter Neilsen, was signed and dated by him, disposed of all his property to the plaintiff, closely followed the form of his brother's will, and was likely made after solicitors advised him to consider making a will. Together with evidence of the plaintiff's relationship with the deceased, these matters supported the finding that the document embodied his testamentary intentions and was intended to operate as his will from the date it was signed.

Court Disposition

Declaration made; letters of administration with the document annexed ordered to be granted to the plaintiff; costs ordered out of the estate.

Orders

  • ['Declared that the document dated 5 August 1998, being Exhibit A, constitutes a will of Edward Peter Neilsen, the deceased.' 'Ordered that, subject to the requirement of the Registrar, letters of administration with such document annexed be granted to Frances Clare Carney, the sole beneficiary named in the said...