In the Estate of the Late Stanley Trafford Fry [2015] NSWSC 598

In the Estate of the Late Stanley Trafford Fry [2015] NSWSC 598

Neither the copy Will with notations nor the Guide were brought into existence with the intention that either would be or operate as the deceased's Will. The deceased demonstrated a pattern of consulting solicitors and executing formal Wills to reflect his testamentary wishes, and there was insufficient evidence to support the contention that he intended these informal documents to have operative effect as a Codicil or alteration.

Jurisdiction
Australia
Judgment Date
20 May 2015
Procedural Posture
Probate Proceedings / Final Judgment
Outcome
Probate granted of the Will dated 28 September 2012; Summons otherwise dismissed.
Legal Topics
['will Execution' 'informal Testamentary Documents' 'intention to Create a Will' 'codicil Interpretation']
['succession Law'] ['will Execution' 'informal Testamentary Documents' 'intention to Create a Will' 'codicil Interpretation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Probate Proceedings / Final Judgment

Legal Issues

  1. 1 ['Whether unsigned and undated documents written by the deceased were intended by him to be or to operate as his Will' "Whether the deceased's copy of the Will with notations or the Guide document were intended to be Codicils or alterations to the Will"]

Ratio Decidendi

Neither the copy Will with notations nor the Guide were brought into existence with the intention that either would be or operate as the deceased's Will. The deceased demonstrated a pattern of consulting solicitors and executing formal Wills to reflect his testamentary wishes, and there was insufficient evidence to support the contention that he intended these informal documents to have operative effect as a Codicil or alteration.

Court Disposition

Probate granted of the Will dated 28 September 2012; Summons otherwise dismissed.

Orders

  • ['Grant of probate of the Will of the Late Stanley Trafford Fry dated 28 September 2012.' "Plaintiff's Summons dismissed." 'Parties to bring in Short Minutes of Order and agreed order as to costs at later hearing.']