Estate of S [2012] NSWSC 1281

Estate of S [2012] NSWSC 1281

The Court was satisfied, based on evidence of the testator's intentions, history, circumstances, and the draft 1999 will, that it was reasonably likely the proposed will was one S would have made had she retained testamentary capacity. Leave was granted to make the application and the statutory will was approved as sought.

Jurisdiction
Australia
Judgment Date
08 October 2012
Procedural Posture
Succession Statutory Will Application / Final Decision After Hearing of Application for Leave and Substantive Relief
Outcome
Leave granted for making application for a statutory will; application for statutory will granted and proposed terms approved.
Legal Topics
['statutory Wills' 'testamentary Capacity' 'alteration of Will' 'court Approved Wills']
['succession'] ['statutory Wills' 'testamentary Capacity' 'alteration of Will' 'court Approved Wills']

Case Brief

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Procedural Posture

Succession Statutory Will Application / Final Decision After Hearing of Application for Leave and Substantive Relief

Legal Issues

  1. 1 ['Whether leave should be granted to apply for a statutory will under s 19 Succession Act 2006 (NSW)' 'Whether the proposed will is one which the testator is reasonably likely to have made had she had testamentary capacity under s 18 and s 22(b) Succession Act 2006 (NSW)']

Ratio Decidendi

The Court was satisfied, based on evidence of the testator's intentions, history, circumstances, and the draft 1999 will, that it was reasonably likely the proposed will was one S would have made had she retained testamentary capacity. Leave was granted to make the application and the statutory will was approved as sought.

Court Disposition

Leave granted for making application for a statutory will; application for statutory will granted and proposed terms approved.

Orders

  • ["Leave granted to L to apply to Court under s 18 Succession Act 2006 (NSW) regarding S's will." 'Statutory will in the terms of annexure A to summons filed 14 September 2012 approved.' "Registrar to sign and seal the will with the Court's seal under s 23 Succession Act 2006 (NSW)." 'Copy of signed and sealed will...