The Estate of Smith [2024] NSWSC 568

The Estate of Smith [2024] NSWSC 568

There is sufficient evidence to rebut the presumption of revocation by destruction; the copy of the will is admitted to probate as all beneficiaries consent and no rational reason for destruction is apparent.

Parties
Plaintiff: Kenneth Michael Smith
Jurisdiction
Australia
Judgment Date
10 May 2024
Procedural Posture
Probate Application / Review of Registrar's Decision / Application for Review and Grant of Probate
Outcome
Will admitted to Probate
Legal Topics
Presumption of Revocation by Destruction of Will, Grant of Probate of a Copy of a Will, Extension of Time to Review Registrar's Decision
Succession Law Probate Presumption of Revocation by Destruction of Will Grant of Probate of a Copy of a Will Extension of Time to Review Registrar's Decision

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Parties

Kenneth Michael Smith

Plaintiff

Procedural Posture

Probate Application / Review of Registrar's Decision / Application for Review and Grant of Probate

Legal Issues

  1. 1 Whether the presumption of revocation by destruction applies when an original will cannot be found
  2. 2 Whether the presumption is rebutted allowing admission of a copy of the will to probate

Ratio Decidendi

There is sufficient evidence to rebut the presumption of revocation by destruction; the copy of the will is admitted to probate as all beneficiaries consent and no rational reason for destruction is apparent.

Court Disposition

Will admitted to Probate

Orders

  • Grant of probate of the will
  • Extension of time to review Registrar's decision granted