Pethers v Pethers; Estate of Pethers [2012] NSWSC 896

Pethers v Pethers; Estate of Pethers [2012] NSWSC 896

The terms of the document itself, which was in the deceased's handwriting, signed by him and described as his only will and last testament, together with the accompanying letter stating 'please find enclosed my only will' and 'I trust the will to be valid', made it clear that the deceased intended the document to form his will.

Jurisdiction
Australia
Judgment Date
30 July 2012
Procedural Posture
Probate Proceedings; Application for Declaration Under S 8 of the Succession Act 2006 and Letters of Administration With the Will Annexed / Hearing of Plaintiff's Application in the Equity Division Probate List
Outcome
Declaration made that the deceased intended the document to form his will; letters of administration with the will annexed ordered to be granted to the plaintiff.
Legal Topics
['construction of Will' 'informal Will' 'intention of Deceased' 'succession Act 2006 (nsw), S 8' 'letters of Administration With Will Annexed']
['wills, Probate and Administration'] ['construction of Will' 'informal Will' 'intention of Deceased' 'succession Act 2006 (nsw), S 8' 'letters of Administration With Will Annexed']

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Procedural Posture

Probate Proceedings; Application for Declaration Under S 8 of the Succession Act 2006 and Letters of Administration With the Will Annexed / Hearing of Plaintiff's Application in the Equity Division Probate List

Legal Issues

  1. 1 ['Whether Kenneth Alfred Pethers intended the informal document dated 5 January 2011 to form his will under s 8 of the Succession Act 2006.' 'Whether letters of administration with the will annexed should be granted to the plaintiff.']

Ratio Decidendi

The terms of the document itself, which was in the deceased's handwriting, signed by him and described as his only will and last testament, together with the accompanying letter stating 'please find enclosed my only will' and 'I trust the will to be valid', made it clear that the deceased intended the document to form his will.

Court Disposition

Declaration made that the deceased intended the document to form his will; letters of administration with the will annexed ordered to be granted to the plaintiff.

Orders

  • ['Declare that the Court is satisfied that Kenneth Alfred Pethers, late of The Glen via Woodenbong (the deceased) intended the document dated 5 June 2011 which is exhibit A to form his will.' 'Order that letters of administration with the said will annexed be granted to the plaintiff.' 'Remit the proceedings to the...