In the Estate of the late Ronald Robert Irvine; Evans v Gibbs [2015] NSWSC 432

In the Estate of the late Ronald Robert Irvine; Evans v Gibbs [2015] NSWSC 432

The deceased intended that the handwritten document ('Informal Will') in the red notebook operate, without more, as his will; the language, surrounding circumstances, and evidence from family members indicated clear testamentary intention under s 8 of the Succession Act 2006 (NSW).

Jurisdiction
Australia
Judgment Date
17 April 2015
Procedural Posture
Probate Proceedings / Final Judgment
Outcome
Declaration and order for the Informal Will to be admitted to probate as the deceased's last will.
Legal Topics
['informal Wills' 'testamentary Intention' 'probate']
['succession Law'] ['informal Wills' 'testamentary Intention' 'probate']

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Procedural Posture

Probate Proceedings / Final Judgment

Legal Issues

  1. 1 ['Whether the handwritten document in the red notebook was intended by the deceased to be his will under s 8 of the Succession Act 2006 (NSW)' "Whether the document should be admitted to probate as the deceased's last will"]

Ratio Decidendi

The deceased intended that the handwritten document ('Informal Will') in the red notebook operate, without more, as his will; the language, surrounding circumstances, and evidence from family members indicated clear testamentary intention under s 8 of the Succession Act 2006 (NSW).

Court Disposition

Declaration and order for the Informal Will to be admitted to probate as the deceased's last will.

Orders

  • ["A declaration that the handwritten document in the red notebook is the deceased's last will under s 8 of the Succession Act 2006 (NSW)." 'Order for probate to be granted in respect of the Informal Will.']