Application by Maggie Riman (Estate of Rita Riman) [2022] NSWSC 872

Application by Maggie Riman (Estate of Rita Riman) [2022] NSWSC 872

The Court was satisfied, based on all the evidence and written statements, that the deceased intended the online will questionnaire, completed and sent to Safewill, to operate as her will; and that requirements for due execution were properly dispensed with given the close proximity to her death, her payment for the document, her communications with her lawyer and the Plaintiff, and her expression of hope that the document would 'stick'.

Jurisdiction
Australia
Judgment Date
01 July 2022
Procedural Posture
Probate Application (solemn Form) / Judgment After Hearing Uncontested Application With Amicus Curiae
Outcome
Probate granted in solemn form of the Will dated 14 June 2021; declaration that the document forms the deceased's will under s 8 Succession Act 2006 (NSW)
Legal Topics
['informal Wills' 'due Execution' 'dispensing Power Under Succession Act' 'testamentary Intention' 'testamentary Capacity']
['succession' 'equity'] ['informal Wills' 'due Execution' 'dispensing Power Under Succession Act' 'testamentary Intention' 'testamentary Capacity']

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Procedural Posture

Probate Application (solemn Form) / Judgment After Hearing Uncontested Application With Amicus Curiae

Legal Issues

  1. 1 ['Whether the deceased intended the online will questionnaire to operate as her will' 'Whether requirements for due execution can be dispensed with under s 8 Succession Act 2006 (NSW)' 'Testamentary capacity at the time of making the informal document']

Ratio Decidendi

The Court was satisfied, based on all the evidence and written statements, that the deceased intended the online will questionnaire, completed and sent to Safewill, to operate as her will; and that requirements for due execution were properly dispensed with given the close proximity to her death, her payment for the document, her communications with her lawyer and the Plaintiff, and her expression of hope that the document would 'stick'.

Court Disposition

Probate granted in solemn form of the Will dated 14 June 2021; declaration that the document forms the deceased's will under s 8 Succession Act 2006 (NSW)

Orders

  • ['Leave granted to Attorney-General of NSW to appear as amicus curiae' 'Declaration pursuant to s 8 Succession Act 2006 (NSW) that Ex. A purports to state the testamentary intentions of Rita Riman and has not been executed in accordance with Part 2.1' 'Declaration pursuant to s 8 Succession Act that the deceased...