Aoun v Clark [2000] NSWSC 274

Aoun v Clark [2000] NSWSC 274

The evidence established that the deceased intended to revoke the November 1997 will and preferred to die intestate, as indicated by his statements and the informal instructions, so the will did not stand and he died intestate.

Parties
Plaintiff: Jeremy Aoun; Defendant: John Lawrence Clark
Jurisdiction
Australia
Judgment Date
27 March 2000
Procedural Posture
Probate / Judgment
Outcome
The deceased died intestate.
Legal Topics
Will Revocation, Testate and Intestate Succession, Instructions for New Will, Dependent Relative Revocation, Informal Revocation
Succession Will Revocation Testate and Intestate Succession Instructions for New Will Dependent Relative Revocation Informal Revocation

Case Brief

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Parties

Jeremy Aoun

Plaintiff

John Lawrence Clark

Defendant

Procedural Posture

Probate / Judgment

Legal Issues

  1. 1 Whether Edmund Harold Leslie Rowe died testate or intestate.
  2. 2 Whether the will of 23 November 1997 should stand.
  3. 3 Whether there was revocation of the will under s 17 or s 18A of the Wills Probate and Administration Act 1898.

Ratio Decidendi

The evidence established that the deceased intended to revoke the November 1997 will and preferred to die intestate, as indicated by his statements and the informal instructions, so the will did not stand and he died intestate.

Court Disposition

The deceased died intestate.

Orders

  • Orders 1, 2, and 3 in the further amended statement of claim granted.
  • Costs of both parties on the indemnity basis to be paid out of the estate.