Page v King Re Estate of Reuben [2001] NSWSC 983

Page v King Re Estate of Reuben [2001] NSWSC 983

Probate is to be granted in common form of the will dated 8 September 1977. The statement of claim seeking probate of the 1992 will is dismissed. There will be no order as to costs as between the plaintiff, cross-defendant and other defendants; however, the costs of the first defendant/cross-claimant (King) on the cross-claim are to be paid out of the deceased's estate on the indemnity basis.

Jurisdiction
Australia
Judgment Date
06 August 2001
Procedural Posture
Probate Proceedings / Judgment on Grant of Probate and Costs
Outcome
Probate of will dated 8 September 1977 granted to Alan Greville King; statement of claim dismissed; no order as to costs for most parties; cross-claimant's costs to be paid out of estate.
Legal Topics
['testamentary Capacity' 'due Execution' 'grant of Probate' 'costs Orders' 'forgery of Wills']
['succession Law' 'probate'] ['testamentary Capacity' 'due Execution' 'grant of Probate' 'costs Orders' 'forgery of Wills']

Case Brief

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Procedural Posture

Probate Proceedings / Judgment on Grant of Probate and Costs

Legal Issues

  1. 1 ['Whether probate should be granted for the will dated 8 September 1977 or the will dated 7 May 1992' 'Whether the 1992 will was duly executed, the deceased had testamentary capacity, and knowledge and approval' 'Who should bear the costs of the proceedings']

Ratio Decidendi

Probate is to be granted in common form of the will dated 8 September 1977. The statement of claim seeking probate of the 1992 will is dismissed. There will be no order as to costs as between the plaintiff, cross-defendant and other defendants; however, the costs of the first defendant/cross-claimant (King) on the cross-claim are to be paid out of the deceased's estate on the indemnity basis.

Court Disposition

Probate of will dated 8 September 1977 granted to Alan Greville King; statement of claim dismissed; no order as to costs for most parties; cross-claimant's costs to be paid out of estate.

Orders

  • ['Subject to rules, probate in common form of the will dated 8 September 1977 of Florence Catherine Reuben granted to Allan Greville King, executor named therein.' 'Statement of claim dismissed.' 'No order as to costs as between plaintiff, cross-defendant, and second, third and fourth defendants.' 'Costs of first...