National Australia Trustees Ltd v Fazey; The Estate of Nancy Elaine Lees, Late of Strathfield [2011] NSWSC 559

National Australia Trustees Ltd v Fazey; The Estate of Nancy Elaine Lees, Late of Strathfield [2011] NSWSC 559

The handwritten document stated the deceased's testamentary intentions. Although it was initially written as instructions to Mr Sharpe for preparation of a new will, after the deceased was told she did not have long to live she stated that the notebook contained her wishes, that they must be carried out, and that it could not be contested. The Court was satisfied that at that later stage she intended the document to be her will, so it should be admitted to probate under s 8 of the Succession Act 2006 (NSW).

Jurisdiction
Australia
Judgment Date
10 June 2011
Procedural Posture
Equity Division Probate List / Principal Judgment
Outcome
The handwritten document on page 6 of Exhibit B was declared to be the last will of Nancy Elaine Lees, deceased, and probate was ordered to be granted to the executors named in that will.
Legal Topics
['informal Will' 'testamentary Intention' 'admission to Probate' 's 8 Succession Act 2006 (nsw)']
['succession' 'probate'] ['informal Will' 'testamentary Intention' 'admission to Probate' 's 8 Succession Act 2006 (nsw)']

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Procedural Posture

Equity Division Probate List / Principal Judgment

Legal Issues

  1. 1 ['Whether the handwritten document headed "Mr Sharpe - My Will" should be admitted to probate as the will of Nancy Elaine Lees under s 8 of the Succession Act 2006 (NSW).' 'Whether the deceased intended the handwritten document to form her will when it was written or at a later time.']

Ratio Decidendi

The handwritten document stated the deceased's testamentary intentions. Although it was initially written as instructions to Mr Sharpe for preparation of a new will, after the deceased was told she did not have long to live she stated that the notebook contained her wishes, that they must be carried out, and that it could not be contested. The Court was satisfied that at that later stage she intended the document to be her will, so it should be admitted to probate under s 8 of the Succession Act 2006 (NSW).

Court Disposition

The handwritten document on page 6 of Exhibit B was declared to be the last will of Nancy Elaine Lees, deceased, and probate was ordered to be granted to the executors named in that will.

Orders

  • ['Declare, pursuant to s 8 of the Succession Act, the hand-written document headed "Mr Sharpe - My Will", being page 6 to Exhibit B, is the last will of Nancy Elaine Lees, deceased.' 'Order the probate of the said will be granted to Janice Elizabeth Fazey, John Derek Le Sage and Malcolm Peter Le Sage, the executors...