Cassie v Koumans & Ors; Estate of Cassie [2007] NSWSC 481

Cassie v Koumans & Ors; Estate of Cassie [2007] NSWSC 481

There is no evidence the video was intended to operate as an amendment to the will, but only as an explanation. Therefore both the rectification claim and the claim for a testamentary codicil under s18A fail.

Jurisdiction
Australia
Judgment Date
09 May 2007
Procedural Posture
Claim for Rectification of Will and Declaration as to Codicil / Final Judgment
Outcome
Claims for rectification and codicil dismissed; balance of proceedings to be determined by Registrar; no costs order for plaintiff; costs for third and fourth defendants subject to further submissions.
Legal Topics
['rectification of Will' 'testamentary Intention' 'codicil' 'probate']
['wills and Probate'] ['rectification of Will' 'testamentary Intention' 'codicil' 'probate']

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Procedural Posture

Claim for Rectification of Will and Declaration as to Codicil / Final Judgment

Legal Issues

  1. 1 ['Whether the will should be rectified based on a video recording' 'Whether the video recording operates as a codicil to the will under s18A of the Wills Probate and Administration Act 1898']

Ratio Decidendi

There is no evidence the video was intended to operate as an amendment to the will, but only as an explanation. Therefore both the rectification claim and the claim for a testamentary codicil under s18A fail.

Court Disposition

Claims for rectification and codicil dismissed; balance of proceedings to be determined by Registrar; no costs order for plaintiff; costs for third and fourth defendants subject to further submissions.

Orders

  • ['Claims in paragraphs 1 to 5 of further amended summons dismissed' 'Balance of proceedings to be determined by Registrar' 'No costs order in favour of plaintiff' 'Costs for third and fourth defendants subject to Registrar and further submissions']