Permanent Trustee Company Limited v Pasztor Gezanne; Estate of Bela Balogh [2005] NSWSC 173

Permanent Trustee Company Limited v Pasztor Gezanne; Estate of Bela Balogh [2005] NSWSC 173

The plaintiff did not satisfy the onus of establishing that the document should be admitted to probate because the date it bore, the uncertainty as to when it was signed, and the document's indication that the deceased understood two witnesses were required made it impossible to conclude that he intended it to operate as a will without more.

Jurisdiction
Australia
Judgment Date
21 February 2005
Procedural Posture
Probate Summons Concerning Whether an Informal Document Should Be Admitted to Probate / Hearing Before Windeyer J in the Equity Division, Probate List
Outcome
Summons dismissed
Legal Topics
['informal Wills' 'admission to Probate' 'testamentary Intention' 'wills Probate & Administration Act 1898, S18 A']
['wills and Probate'] ['informal Wills' 'admission to Probate' 'testamentary Intention' 'wills Probate & Administration Act 1898, S18 A']

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Procedural Posture

Probate Summons Concerning Whether an Informal Document Should Be Admitted to Probate / Hearing Before Windeyer J in the Equity Division, Probate List

Legal Issues

  1. 1 ['Whether the document dated 27 August 1985 should be admitted to probate.' 'Whether the document embodied the testamentary intentions of the deceased and was intended by him without more to operate as his will.']

Ratio Decidendi

The plaintiff did not satisfy the onus of establishing that the document should be admitted to probate because the date it bore, the uncertainty as to when it was signed, and the document's indication that the deceased understood two witnesses were required made it impossible to conclude that he intended it to operate as a will without more.

Court Disposition

Summons dismissed

Orders

  • ['The summons filed on 11 November 2004 be dismissed.' 'It was noted that it was agreed by counsel for the next of kin that the costs of both parties to the summons be paid out of the estate.']