Ballas v Balis [2017] NSWSC 1434

Ballas v Balis [2017] NSWSC 1434

The handwritten document was intended by the deceased to be his will and stated his testamentary intentions. Despite not being executed in accordance with statutory formalities, the Court was satisfied, under s 8 of the Succession Act 2006 (NSW), to admit it to probate. The reference to 'Trustee will be Stiv Ballas' is construed as appointment of Steven Ballas as executor according to the tenor of the will.

Jurisdiction
Australia
Judgment Date
19 October 2017
Procedural Posture
Probate Application / Succession Will Dispute / Application for Orders Admitting Informal Will to Probate
Outcome
Orders made as sought; informal will admitted to probate; probate granted to plaintiff; proceedings remitted to Registrar; costs out of estate.
Legal Topics
['wills and Probate' 'informal Wills' 'execution Requirements' 'executor Classification']
['succession Law' 'equity'] ['wills and Probate' 'informal Wills' 'execution Requirements' 'executor Classification']

Case Brief

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Procedural Posture

Probate Application / Succession Will Dispute / Application for Orders Admitting Informal Will to Probate

Legal Issues

  1. 1 ['Whether the handwritten, informal document dated 6 April 2014 should be admitted to probate as the will of the late George Bistolaridis under s 8 of the Succession Act 2006 (NSW)' 'Whether the plaintiff, Steven Ballas, is appointed executor according to the tenor of the will']

Ratio Decidendi

The handwritten document was intended by the deceased to be his will and stated his testamentary intentions. Despite not being executed in accordance with statutory formalities, the Court was satisfied, under s 8 of the Succession Act 2006 (NSW), to admit it to probate. The reference to 'Trustee will be Stiv Ballas' is construed as appointment of Steven Ballas as executor according to the tenor of the will.

Court Disposition

Orders made as sought; informal will admitted to probate; probate granted to plaintiff; proceedings remitted to Registrar; costs out of estate.

Orders

  • ['Order pursuant to s 8 of the Succession Act 2006 (NSW) that the document dated 6 April 2014, with translation, be admitted to probate in solemn form as the will of George Bistolaridis.' 'Declare that, upon construction of the will, Steven Ballas is appointed as executor of the estate.' 'Order that probate of the...