NSW Trustee and Guardian v Pittman – Estate of Koltai [2010] NSWSC 501

NSW Trustee and Guardian v Pittman – Estate of Koltai [2010] NSWSC 501

The court held that the plaintiff failed to establish the deceased had testamentary capacity at the time the contested document was made and also failed to prove that, when the deceased later had capacity, she adopted the document as her will. Even if testamentary capacity had been established, the evidence did not support a finding that the deceased intended the document to be her will except, possibly, only if she died as she then contemplated. That contingency did not eventuate, so the statutory requirements of s 18A were unsatisfied. The document was not admitted to probate and letters of administration were to be granted on intestacy.

Parties
Plaintiff: NSW Trustee and Guardian; Defendant: Ronald Charles Pittman
Jurisdiction
Australia
Judgment Date
18 May 2010
Procedural Posture
Principal Judgment / Final Judgment
Outcome
Informal document not admitted to probate; intestacy; letters of administration granted; costs out of estate.
Legal Topics
Testamentary Capacity, Informal Wills, Intestate Succession, Costs From Estate
Wills, Probate and Administration Family Provision Equity Testamentary Capacity Informal Wills Intestate Succession Costs From Estate

Case Brief

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Parties

NSW Trustee and Guardian

Plaintiff

Ronald Charles Pittman

Defendant

Procedural Posture

Principal Judgment / Final Judgment

Legal Issues

  1. 1 Whether the two-page document constituted an informal will under s 18A of the Wills, Probate and Administration Act 1898 (NSW)
  2. 2 Whether the deceased had testamentary capacity when making the document
  3. 3 Whether the deceased intended the document to operate as her will

Ratio Decidendi

The court held that the plaintiff failed to establish the deceased had testamentary capacity at the time the contested document was made and also failed to prove that, when the deceased later had capacity, she adopted the document as her will. Even if testamentary capacity had been established, the evidence did not support a finding that the deceased intended the document to be her will except, possibly, only if she died as she then contemplated. That contingency did not eventuate, so the statutory requirements of s 18A were unsatisfied. The document was not admitted to probate and letters of administration were to be granted on intestacy.

Court Disposition

Informal document not admitted to probate; intestacy; letters of administration granted; costs out of estate.

Orders

  • Declare that the two-page document which is exhibit A does not constitute the will of the late Mary Magdalena Koltai.
  • Order that letters of administration of the intestate estate of the late Mary Magdalena Koltai be granted to the cross-claimant.