Smith, Estate of A.N.H. - Application of P.A. Smith [2009] NSWSC 907

Smith, Estate of A.N.H. - Application of P.A. Smith [2009] NSWSC 907

The Court was satisfied on the evidence that the deceased intended the document dated 14 January 2008 to be his last will, and that it should operate as such notwithstanding non-compliance with formal execution requirements.

Parties
Plaintiff: Paul Andrew Smith
Jurisdiction
Australia
Judgment Date
31 August 2009
Procedural Posture
Probate Application / Application for Declaration as to Validity of Informal Will
Outcome
Declaration as sought. Probate granted of the will constituted by the document dated 14 January 2008 to the Plaintiff.
Legal Topics
Informal Wills, Intention of Testator
Succession Law Probate Informal Wills Intention of Testator

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Parties

Paul Andrew Smith

Plaintiff

Procedural Posture

Probate Application / Application for Declaration as to Validity of Informal Will

Legal Issues

  1. 1 Whether a document not duly signed and attested was intended by the deceased to be his last will under s 8 of the Succession Act 2006 (NSW)

Ratio Decidendi

The Court was satisfied on the evidence that the deceased intended the document dated 14 January 2008 to be his last will, and that it should operate as such notwithstanding non-compliance with formal execution requirements.

Court Disposition

Declaration as sought. Probate granted of the will constituted by the document dated 14 January 2008 to the Plaintiff.

Orders

  • Declaration that the document dated 14 January 2008 constitutes the last will of the deceased.
  • Probate of the will constituted by the document dated 14 January 2008 may be granted to the Plaintiff.