Fawcett v Crompton [2010] NSWSC 219

Fawcett v Crompton [2010] NSWSC 219

Despite the revocation clause in the later Australian wills, the deceased did not intend to revoke his French will. The will of 11 February 2007 failed to carry out the deceased’s intention by restricting the residuary gift to property 'in Australia'; rectification is granted by deleting those words to reflect the intended disposition of the whole estate.

Parties
Plaintiff: Joan Fawcett; Defendant/cross Claimant: Susanne Ursula Crompton
Jurisdiction
Australia
Judgment Date
22 March 2010
Procedural Posture
Principal Judgment / Judgment Following Hearing and Cross Claim
Outcome
Leave granted under s 29A(3); rectification of will ordered by deleting 'in Australia' from the residuary clause
Legal Topics
Rectification of Wills, Revocation of Wills, International Estate Administration
Succession Law Equity Rectification of Wills Revocation of Wills International Estate Administration

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Parties

Joan Fawcett

Plaintiff

Susanne Ursula Crompton

Defendant/cross Claimant

Procedural Posture

Principal Judgment / Judgment Following Hearing and Cross Claim

Legal Issues

  1. 1 Whether later Australian wills revoked the French will of the deceased
  2. 2 Whether the will of 11 February 2007 should be rectified under s 29A of the Wills Probate and Administration Act 1898

Ratio Decidendi

Despite the revocation clause in the later Australian wills, the deceased did not intend to revoke his French will. The will of 11 February 2007 failed to carry out the deceased’s intention by restricting the residuary gift to property 'in Australia'; rectification is granted by deleting those words to reflect the intended disposition of the whole estate.

Court Disposition

Leave granted under s 29A(3); rectification of will ordered by deleting 'in Australia' from the residuary clause

Orders

  • Leave granted under s 29A(3) of the Wills Probate and Administration Act 1898
  • Rectification of deceased’s will of 11 February 2007 by deleting the words 'in Australia' from the residuary clause