Kedzier v Postle [2002] NSWSC 875

Kedzier v Postle [2002] NSWSC 875

The Court was not satisfied that the deceased intended the document of 9 July 2000, without more, to operate as a codicil to his will. The deceased knew about the need for attestation, had previously arranged witnessing of testamentary documents, the codicil was not witnessed, he made no later reference to the codicil or to any change in his will when placing documents in the box, and his conduct was consistent with further consideration before completion of execution.

Jurisdiction
Australia
Judgment Date
30 September 2002
Procedural Posture
Probate Application Under S18 a of the Wills Probate and Administration Act Concerning an Unwitnessed Codicil / Judgment on Summons and Amended Cross Claim
Outcome
Application to admit the document dated 9 July 2000 as a codicil refused; only the will admitted to probate.
Legal Topics
['informal Testamentary Documents' 'codicil Not Witnessed' 'testamentary Intention' 'dispensing Power Under S18 A']
['succession' 'probate and Administration'] ['informal Testamentary Documents' 'codicil Not Witnessed' 'testamentary Intention' 'dispensing Power Under S18 A']

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Procedural Posture

Probate Application Under S18 a of the Wills Probate and Administration Act Concerning an Unwitnessed Codicil / Judgment on Summons and Amended Cross Claim

Legal Issues

  1. 1 ['Whether the document dated 9 July 2000 signed by the deceased but not witnessed constituted a codicil to his last will under s18A of the Wills Probate and Administration Act.' 'Whether the deceased intended the document, without more, to operate immediately as a codicil to his will.']

Ratio Decidendi

The Court was not satisfied that the deceased intended the document of 9 July 2000, without more, to operate as a codicil to his will. The deceased knew about the need for attestation, had previously arranged witnessing of testamentary documents, the codicil was not witnessed, he made no later reference to the codicil or to any change in his will when placing documents in the box, and his conduct was consistent with further consideration before completion of execution.

Court Disposition

Application to admit the document dated 9 July 2000 as a codicil refused; only the will admitted to probate.

Orders

  • ['Declaration sought in paragraph 1 of the summons not made.' 'Only the will is to be admitted to probate.' 'Parties directed to bring in short minutes which can include orders for the dismissal of the cross claim.']