Pahlow-Silady v Siladi [1999] NSWSC 890

Pahlow-Silady v Siladi [1999] NSWSC 890

The statutory declaration was in documentary form and its statements that, in the event of the deceased's death, his one-third share in the business of Derwent Thermostats Pty Ltd and Derwent Controls and his half share in Derwent Properties were to be given to John Siladi clearly embodied testamentary intentions. Considering the solemn form of the statutory declaration, its signing and witnessing, the business and family context, the later statement to Mr Dominic, and the evidence about the assets referred to, Bergin J was comfortably satisfied on the balance of probabilities that the deceased intended the document to operate as his will notwithstanding that it dealt only with part of...

Jurisdiction
Australia
Judgment Date
03 September 1999
Procedural Posture
Probate Proceedings Concerning Whether a Statutory Declaration Constituted the Deceased's Will Under S18 a of the Wills, Probate and Administration Act (nsw) 1898 / Remitted Rehearing After the Court of Appeal Set Aside Santow J's Orders Insofar as They Dealt With S18 a
Outcome
Statutory declaration constituted the deceased's will.
Legal Topics
['informal Wills' 'testamentary Intention' 'intention That a Document Constitute a Will' 'section 18 a of the Wills, Probate and Administration Act (nsw) 1898']
['succession' 'probate'] ['informal Wills' 'testamentary Intention' 'intention That a Document Constitute a Will' 'section 18 a of the Wills, Probate and Administration Act (nsw) 1898']

Case Brief

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Procedural Posture

Probate Proceedings Concerning Whether a Statutory Declaration Constituted the Deceased's Will Under S18 a of the Wills, Probate and Administration Act (nsw) 1898 / Remitted Rehearing After the Court of Appeal Set Aside Santow J's Orders Insofar as They Dealt With S18 a

Legal Issues

  1. 1 ['Whether the statutory declaration made by Stephen Silady on 9 April 1983 was in documentary form.' "Whether the statutory declaration embodied the deceased's testamentary intentions." 'Whether the deceased intended the statutory declaration to take legal effect as his will under s18A of the Wills, Probate and Administration Act (NSW) 1898.']

Ratio Decidendi

The statutory declaration was in documentary form and its statements that, in the event of the deceased's death, his one-third share in the business of Derwent Thermostats Pty Ltd and Derwent Controls and his half share in Derwent Properties were to be given to John Siladi clearly embodied testamentary intentions. Considering the solemn form of the statutory declaration, its signing and witnessing, the business and family context, the later statement to Mr Dominic, and the evidence about the assets referred to, Bergin J was comfortably satisfied on the balance of probabilities that the deceased intended the document to operate as his will notwithstanding that it dealt only with part of...

Court Disposition

Statutory declaration constituted the deceased's will.

Orders

  • ['The parties are to bring in short minutes of order to finalise the matter after any application in relation to costs is heard.']