Application by Peter Leslie Kelso [2010] NSWSC 357

Application by Peter Leslie Kelso [2010] NSWSC 357

On evidence, Ms Tippins lacks testamentary capacity and will not regain it; a proposed will was produced and amendments made; the requirements of s 19 are satisfied; the court is satisfied under s 22 that a statutory will in the amended form would have been made by Ms Tippins and is appropriate in the circumstances; and the applicant is an appropriate person to bring the application.

Jurisdiction
Australia
Judgment Date
22 April 2010
Procedural Posture
Application Under Succession Act 2006 (nsw) / Ex Tempore Judgment on Statutory Will Application
Outcome
Application granted; orders made to authorise and approve statutory will, authorise Registrar to sign and seal will, and award costs from estate.
Legal Topics
['statutory Wills' 'testamentary Capacity' 'intestacy' 'costs']
['succession Law'] ['statutory Wills' 'testamentary Capacity' 'intestacy' 'costs']

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Procedural Posture

Application Under Succession Act 2006 (nsw) / Ex Tempore Judgment on Statutory Will Application

Legal Issues

  1. 1 ['Whether leave should be granted under s 19 of the Succession Act 2006 (NSW) to apply for a statutory will for Hua Tippins' 'Whether the requirements of ss 18-22 of the Succession Act 2006 (NSW) are satisfied for approval of a statutory will']

Ratio Decidendi

On evidence, Ms Tippins lacks testamentary capacity and will not regain it; a proposed will was produced and amendments made; the requirements of s 19 are satisfied; the court is satisfied under s 22 that a statutory will in the amended form would have been made by Ms Tippins and is appropriate in the circumstances; and the applicant is an appropriate person to bring the application.

Court Disposition

Application granted; orders made to authorise and approve statutory will, authorise Registrar to sign and seal will, and award costs from estate.

Orders

  • ['Leave granted to apply for statutory will under s 19 Succession Act 2006 (NSW)' 'Application to proceed forthwith as application for order under s 18 Succession Act 2006 (NSW)' 'Order under s 8 approving terms of the Will as set out in annexure to summons' 'Registrar authorised to sign and seal the Will under s...