PAHLOW-SILADY v SILADI [1997] NSWCA 241

PAHLOW-SILADY v SILADI [1997] NSWCA 241

The appeal was allowed on the ground that the trial judge did not have clear and sufficient evidence regarding the nature and extent of the assets, and the matter must be remitted to the Probate Division for rehearing.

Parties
Appellant: Pauline Pahlow-Silady; Respondent: John Siladi; Deceased: Stephen Silady
Jurisdiction
Australia
Judgment Date
22 April 1997
Procedural Posture
Appeal / Judgment on Appeal From Decision of Probate Division, Remittal Ordered
Outcome
Appeal allowed, orders of Santow J set aside, matter remitted to Probate Division for rehearing; costs of both parties to be paid out of the estate.
Legal Topics
Informal Testamentary Documents, Statutory Wills, Section 18 a Wills Probate and Administration Act 1898
Wills and Estates Informal Testamentary Documents Statutory Wills Section 18 a Wills Probate and Administration Act 1898

Case Brief

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Parties

Pauline Pahlow-Silady

Appellant

John Siladi

Respondent

Stephen Silady

Deceased

Procedural Posture

Appeal / Judgment on Appeal From Decision of Probate Division, Remittal Ordered

Legal Issues

  1. 1 Whether the document styled 'Statutory Declaration' executed by the deceased embodied his testamentary intentions within the meaning of s18A of the Wills Probate and Administration Act 1898
  2. 2 Whether the deceased intended the Statutory Declaration to constitute his will

Ratio Decidendi

The appeal was allowed on the ground that the trial judge did not have clear and sufficient evidence regarding the nature and extent of the assets, and the matter must be remitted to the Probate Division for rehearing.

Court Disposition

Appeal allowed, orders of Santow J set aside, matter remitted to Probate Division for rehearing; costs of both parties to be paid out of the estate.

Orders

  • The appeal is allowed.
  • The orders made by Santow J on 8 February 1995 are set aside.