Burge v Burge [2014] NSWSC 1772

Burge v Burge [2014] NSWSC 1772

The court was not satisfied that Rupert Burge intended the 2007 informal document to form his will, principally because he was aware of the need for formalities (two witnesses), did not keep the document with other important testamentary documents, and there was no plausible explanation for entirely disinheriting his wife without advice or communication. The evidence did not reach the requisite standard to treat the informal document as a will under s 8 of the Succession Act 2006 (NSW). Grant of probate was made in respect of the 1983 will.

Jurisdiction
Australia
Judgment Date
11 December 2014
Procedural Posture
Probate Proceedings / Final Judgment
Outcome
Cross-claim for probate of 2007 document dismissed; probate of 1983 will granted to the plaintiff.
Legal Topics
['informal Wills' 'testamentary Intention' 'probate in Solemn Form' 'revocation of Wills']
['succession Law' 'probate'] ['informal Wills' 'testamentary Intention' 'probate in Solemn Form' 'revocation of Wills']

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Procedural Posture

Probate Proceedings / Final Judgment

Legal Issues

  1. 1 ['Whether the informal document dated 10 June 2007 was intended by Rupert Burge to form his will under s 8 of the Succession Act 2006 (NSW)' 'Whether probate should be granted in respect of the will dated 15 March 1983']

Ratio Decidendi

The court was not satisfied that Rupert Burge intended the 2007 informal document to form his will, principally because he was aware of the need for formalities (two witnesses), did not keep the document with other important testamentary documents, and there was no plausible explanation for entirely disinheriting his wife without advice or communication. The evidence did not reach the requisite standard to treat the informal document as a will under s 8 of the Succession Act 2006 (NSW). Grant of probate was made in respect of the 1983 will.

Court Disposition

Cross-claim for probate of 2007 document dismissed; probate of 1983 will granted to the plaintiff.

Orders

  • ['The Amended Cross Claim is dismissed.' 'Probate of the will of the late Rupert Webb Burge dated 15 March 1983 is granted in solemn form to Anne Belle Burge.']