Quartermain Estate - Steggall v Quartermain [2009] NSWSC 553

Quartermain Estate - Steggall v Quartermain [2009] NSWSC 553

The deceased intended the informal codicil to immediately alter the formal will, as evidenced by the use of testamentary language, direct addresses to beneficiaries, and placement of the notebook. Both the formal will and informal codicil are admitted to probate.

Parties
Plaintiff: John Warwick Steggall; Defendant: Bernice Patricia Quartermain
Jurisdiction
Australia
Judgment Date
17 June 2009
Procedural Posture
Probate Application, in Solemn Form / Determined in Chambers on the Papers
Outcome
Informal codicil admitted to probate alongside the formal will; proceedings remitted to the Registrar to perfect the grant.
Legal Topics
Probate, Informal Codicil, Testamentary Intention
Succession Law Probate Informal Codicil Testamentary Intention

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Parties

John Warwick Steggall

Plaintiff

Bernice Patricia Quartermain

Defendant

Procedural Posture

Probate Application, in Solemn Form / Determined in Chambers on the Papers

Legal Issues

  1. 1 Whether the handwritten document was intended to have immediate testamentary effect as an informal codicil
  2. 2 Whether the informal codicil should be admitted to probate

Ratio Decidendi

The deceased intended the informal codicil to immediately alter the formal will, as evidenced by the use of testamentary language, direct addresses to beneficiaries, and placement of the notebook. Both the formal will and informal codicil are admitted to probate.

Court Disposition

Informal codicil admitted to probate alongside the formal will; proceedings remitted to the Registrar to perfect the grant.

Orders

  • Both formal will and informal codicil to be admitted to probate.
  • Proceedings remitted to the Registrar to perfect the grant.