Petith v New South Wales Trustee and Guardian; Bone v New South Wales Trustee and Guardian (No 2) [2024] NSWSC 1662

Petith v New South Wales Trustee and Guardian; Bone v New South Wales Trustee and Guardian (No 2) [2024] NSWSC 1662

Declarations sought by Mr Petith were unnecessary as findings were conveyed in the Principal Judgment; the effective order is to admit the 2019 Will to probate. Each principal party had partial but not complete success, and neither acted unreasonably; both are to have party/party costs paid from the estate. NSWTAG's costs are to be paid from the estate on an indemnity basis. In the provision proceedings, Bone is to bear his own costs and NSWTAG receives indemnity costs from the estate.

Parties
Plaintiff: Paul Petith; First Defendant / Defendant: New South Wales Trustee & Guardian; Second Defendant / Plaintiff: Steven Rundle Bone
Jurisdiction
Australia
Judgment Date
20 December 2024
Procedural Posture
Probate / Succession Proceedings (2 Actions) / Post Trial—determination of Form of Final Orders and Costs
Outcome
Orders finalised: probate of 2019 Will granted to NSWTAG; costs orders as specified; provision proceedings dismissed.
Legal Topics
Costs, Testamentary Capacity, Knowledge and Approval, Undue Influence, Probate Grants
Succession Equity Probate Costs Testamentary Capacity Knowledge and Approval Undue Influence Probate Grants

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Paul Petith

Plaintiff

New South Wales Trustee & Guardian

First Defendant / Defendant

Steven Rundle Bone

Second Defendant / Plaintiff

Procedural Posture

Probate / Succession Proceedings (2 Actions) / Post Trial—determination of Form of Final Orders and Costs

Legal Issues

  1. 1 What is the appropriate form of final orders, including declarations regarding testamentary capacity and knowledge and approval?
  2. 2 How should costs be determined between parties with mixed success in contested probate proceedings?

Ratio Decidendi

Declarations sought by Mr Petith were unnecessary as findings were conveyed in the Principal Judgment; the effective order is to admit the 2019 Will to probate. Each principal party had partial but not complete success, and neither acted unreasonably; both are to have party/party costs paid from the estate. NSWTAG's costs are to be paid from the estate on an indemnity basis. In the provision proceedings, Bone is to bear his own costs and NSWTAG receives indemnity costs from the estate.

Court Disposition

Orders finalised: probate of 2019 Will granted to NSWTAG; costs orders as specified; provision proceedings dismissed.

Orders

  • Probate in Solemn Form of a copy of the 2019 Will granted to NSW Trustee & Guardian, limited until the original or more authentic copy is proved.
  • Proceedings referred to the Registrar to complete the Grant.