Campton v Hedges [2016] NSWSC 201

Campton v Hedges [2016] NSWSC 201

The altered Will, though not executed in accordance with the formal requirements of the Succession Act 2006 (NSW), clearly embodied the testamentary intentions of the deceased, and the deceased intended the document to be operative as his last will, as shown by the form, content, amendments, signatures, and the surrounding evidence; accordingly, it should be admitted to probate under section 8 of the Act, and operates as a full revocation of the typewritten Will.

Jurisdiction
Australia
Judgment Date
14 March 2016
Procedural Posture
Probate Proceedings / Judgment After Hearing on Proof in Solemn Form
Outcome
Probate granted of altered Will, costs orders as specified
Legal Topics
['informal Wills' 'testamentary Intention' 'revocation of Will' 'alteration of Will' 'probate']
['succession Law'] ['informal Wills' 'testamentary Intention' 'revocation of Will' 'alteration of Will' 'probate']

Case Brief

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Procedural Posture

Probate Proceedings / Judgment After Hearing on Proof in Solemn Form

Legal Issues

  1. 1 ['Whether the altered Will, not executed in accordance with the formal requirements of the Succession Act 2006 (NSW), should be admitted to probate as the last will of the deceased under section 8 of the Act' 'Whether the altered Will constitutes a revocation of the earlier typewritten Will' 'Whether the deceased intended the altered Will to be his testamentary disposition']

Ratio Decidendi

The altered Will, though not executed in accordance with the formal requirements of the Succession Act 2006 (NSW), clearly embodied the testamentary intentions of the deceased, and the deceased intended the document to be operative as his last will, as shown by the form, content, amendments, signatures, and the surrounding evidence; accordingly, it should be admitted to probate under section 8 of the Act, and operates as a full revocation of the typewritten Will.

Court Disposition

Probate granted of altered Will, costs orders as specified

Orders

  • ['Declares that the altered Will, Ex. B, purports to state the testamentary intentions of the deceased and has not been executed in accordance with Part 2.1 of the Succession Act 2006 (NSW)' 'Declares that the altered Will forms the Will of the deceased and the deceased intended it to form his Will' 'Declares that...