Estate of Frederick Cecil Lumb; McMillan & anor v Lumb & anor [2005] NSWSC 371

The facts and circumstances, including the deceased's statements, actions, and treatment of the document, show he intended the document to be his will, meeting the requirements of s 18A.

Jurisdiction: Australia
Judgment Date: 22 April 2005
Procedural Posture: Probate / Judgment
Outcome: Document admitted to probate.
Legal Topics: ['probate' 'informal Wills' 'testamentary Intention']

['succession Law'] ['probate' 'informal Wills' 'testamentary Intention']

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Procedural Posture

Probate / Judgment

Legal Issues

1 ['Whether the document dated 16 December 2002 signed but not witnessed should be admitted to probate under s 18A of the Wills Probate and Administration Act 1898']

Ratio Decidendi

The facts and circumstances, including the deceased's statements, actions, and treatment of the document, show he intended the document to be his will, meeting the requirements of s 18A.

Court Disposition

Document admitted to probate.

Orders

['Declare the document signed by the deceased dated 16 December 2002 constitutes a will of Frederick Cecil Lumb deceased.' 'Order that the said document be admitted to probate.' 'Refer the matter to the Registrar to complete the grant.']