Miller v Miller; Estate Paul Lindo Miller [2000] NSWSC 767

Miller v Miller; Estate Paul Lindo Miller [2000] NSWSC 767

The plaintiff satisfied the Court that the deceased knew and approved of the gift and that it was made freely and voluntarily, thus the requirements of s 13(2)(c) of the Wills Probate and Administration Act, 1898 were met and administration with the will annexed should be granted to the plaintiff.

Jurisdiction
Australia
Judgment Date
02 August 2000
Procedural Posture
Probate Application / Judgment
Outcome
application granted
Legal Topics
['attesting Witness' 'beneficiary Under Will' 'undue Influence' 'knowledge and Approval' 'freely and Voluntarily Given Gift']
['succession' 'probate'] ['attesting Witness' 'beneficiary Under Will' 'undue Influence' 'knowledge and Approval' 'freely and Voluntarily Given Gift']

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Procedural Posture

Probate Application / Judgment

Legal Issues

  1. 1 ['Whether a beneficial gift under a will to an attesting witness is invalid under s 13 of the Wills Probate and Administration Act 1898' 'Whether the Court should uphold the gift to the plaintiff under s 13(2)(c) of the Act']

Ratio Decidendi

The plaintiff satisfied the Court that the deceased knew and approved of the gift and that it was made freely and voluntarily, thus the requirements of s 13(2)(c) of the Wills Probate and Administration Act, 1898 were met and administration with the will annexed should be granted to the plaintiff.

Court Disposition

application granted

Orders

  • ['Order that administration with the will annexed of the estate of Paul Lindo Miller be granted to the plaintiff.' 'Refer the matter to the Registrar to complete the grant.' 'Make declaration 2(a) and 2(b) in the summons of 1 August 1997.' 'Order that the plaintiff pay the costs of the defendants.']