The Estate of Irene Elizabeth Dampf (in the Will called Irene Dampf) late of North Narrabeen v Richard Dampf & Anor [2010] NSWSC 619

The Estate of Irene Elizabeth Dampf (in the Will called Irene Dampf) late of North Narrabeen v Richard Dampf & Anor [2010] NSWSC 619

The Court finds, on the balance of evidence, that Irene Elizabeth Dampf signed her Will in the presence of Hans Czajkowski and Christina Dixon, who both attested and signed it in her presence and in the presence of each other, thus satisfying the requirements for due execution.

Jurisdiction
Australia
Judgment Date
08 June 2010
Procedural Posture
Probate Proceedings / Judgment on Grant of Probate in Solemn Form
Outcome
Probate of the Will of the deceased granted to the plaintiff in solemn form, subject to compliance with rules of court.
Legal Topics
['due Execution of Will' 'attestation' 'presumption of Regularity']
['probate' 'succession'] ['due Execution of Will' 'attestation' 'presumption of Regularity']

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Procedural Posture

Probate Proceedings / Judgment on Grant of Probate in Solemn Form

Legal Issues

  1. 1 ['Was the Will of Irene Elizabeth Dampf of 22 June 1999 duly executed in the presence of both attesting witnesses as required by law?']

Ratio Decidendi

The Court finds, on the balance of evidence, that Irene Elizabeth Dampf signed her Will in the presence of Hans Czajkowski and Christina Dixon, who both attested and signed it in her presence and in the presence of each other, thus satisfying the requirements for due execution.

Court Disposition

Probate of the Will of the deceased granted to the plaintiff in solemn form, subject to compliance with rules of court.

Orders

  • ['Order that subject to compliance with the rules of court, probate of the will of the deceased be granted to the plaintiff in solemn form']