Re the Estate of V D Bolton [2002] NSWSC 235

Re the Estate of V D Bolton [2002] NSWSC 235

There was insufficient evidence to establish that the act of writing 'cancelled' across a copy of the will constituted testamentary intention to revoke the 1994 will; neither s17(3) nor s18A could be satisfied on the facts; therefore, probate of the will was granted to the named executor.

Jurisdiction
Australia
Judgment Date
28 March 2002
Procedural Posture
Probate / Final Judgment
Outcome
Probate granted
Legal Topics
['probate' 'will Revocation' 'intestacy']
['succession'] ['probate' 'will Revocation' 'intestacy']

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Procedural Posture

Probate / Final Judgment

Legal Issues

  1. 1 ["Whether the will dated 2 March 1994 was revoked by writing 'cancelled' with testator's signature across a copy of the will" 'Whether s17(3) of the Wills Probate and Administration Act 1898 applies to actions involving a copy' 'Whether revocation can be effected under s18A of the Wills Probate and Administration Act 1898']

Ratio Decidendi

There was insufficient evidence to establish that the act of writing 'cancelled' across a copy of the will constituted testamentary intention to revoke the 1994 will; neither s17(3) nor s18A could be satisfied on the facts; therefore, probate of the will was granted to the named executor.

Court Disposition

Probate granted

Orders

  • ['Order that probate of the will dated 2 March 1994 of Valerie Dawn Evans be granted to Kelvin Henry Noldt, the executor named in the said will and it be referred to the Registrar to complete the grant.' 'Direct that the costs of all parties to be paid out of the estate, those of the executor on the indemnity basis.']