Suzanne Margaret Lawrence v Australian War Memorial [2014] NSWSC 757

Suzanne Margaret Lawrence v Australian War Memorial [2014] NSWSC 757

On the balance of probabilities, there was a later will with terms identical to the 2009 Will, executed or intended as such, and the presumption of revocation by destruction is rebutted owing to clear evidence that the deceased intended to die testate. Accordingly, probate of the 2009 Will is granted.

Parties
Plaintiff: Suzanne Margaret Lawrence; Defendant: Australian War Memorial; Second Defendant: Anne Munsie; Second Defendant: Marlene Branley; Third Defendants: Next of kin (group)
Jurisdiction
Australia
Judgment Date
10 June 2014
Procedural Posture
Probate Proceedings / Final Judgment
Outcome
Probate of the 2009 Will granted
Legal Topics
Lost Will, Intestacy, Probate, Dependant Relative Revocation, Execution of Wills
Succession Law Equity Lost Will Intestacy Probate Dependant Relative Revocation Execution of Wills

Case Brief

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Parties

Suzanne Margaret Lawrence

Plaintiff

Australian War Memorial

Defendant

Anne Munsie

Second Defendant

Marlene Branley

Second Defendant

Next of kin (group)

Third Defendants

Procedural Posture

Probate Proceedings / Final Judgment

Legal Issues

  1. 1 Whether a lost will should be treated as destroyed and revoked
  2. 2 Whether the deceased therefore died intestate
  3. 3 Whether probate should be granted of the 2009 Will based on a carbon copy

Ratio Decidendi

On the balance of probabilities, there was a later will with terms identical to the 2009 Will, executed or intended as such, and the presumption of revocation by destruction is rebutted owing to clear evidence that the deceased intended to die testate. Accordingly, probate of the 2009 Will is granted.

Court Disposition

Probate of the 2009 Will granted

Orders

  • Probate of the 2009 Will granted
  • Costs of all parties to the proceedings to be paid out of the deceased estate