Burnside v Mulgrew & Anor; Re the Estate of Doris Grabrovaz [2007] NSWSC 550

Burnside v Mulgrew & Anor; Re the Estate of Doris Grabrovaz [2007] NSWSC 550

The party propounding the July 2005 Will failed to discharge the onus of proving, on the balance of the evidence and in light of handwriting expert testimony and witness credibility, that the signature was that of the deceased. The December 2004 Will was established as the valid Will.

Parties
Plaintiff: June Eveline Burnside; First Defendant: Lina Angela Mulgrew; Second Defendant: Olive Brown
Jurisdiction
Australia
Judgment Date
27 April 2007
Procedural Posture
Probate Dispute / Judgment
Outcome
Probate in solemn form granted for the December 2004 Will; cross-claim dismissed.
Legal Topics
Probate, Forgery, Due Execution, Onus of Proof, Handwriting Evidence, Costs in Probate
Wills and Estates Probate Forgery Due Execution Onus of Proof Handwriting Evidence Costs in Probate

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Parties

June Eveline Burnside

Plaintiff

Lina Angela Mulgrew

First Defendant

Olive Brown

Second Defendant

Procedural Posture

Probate Dispute / Judgment

Legal Issues

  1. 1 Is the signature on the July 2005 Will genuine and was it duly executed?
  2. 2 Was the deceased's knowledge and approval of the July 2005 Will established?
  3. 3 Was undue influence present in execution of the July 2005 Will?

Ratio Decidendi

The party propounding the July 2005 Will failed to discharge the onus of proving, on the balance of the evidence and in light of handwriting expert testimony and witness credibility, that the signature was that of the deceased. The December 2004 Will was established as the valid Will.

Court Disposition

Probate in solemn form granted for the December 2004 Will; cross-claim dismissed.

Orders

  • Order that the plaintiff's costs on the indemnity basis be paid out of the estate of the deceased.
  • No order as to the first defendant's costs to the intent that she bear her own costs.