Estate of Puruto [2012] NSWSC 827

Estate of Puruto [2012] NSWSC 827

The deceased intended the document dated 10 September 2009 to operate as her will to the extent that it recorded instructions as to the disposition of her estate, the appointment of executors and funeral instructions; and probate of the will should be granted accordingly.

Jurisdiction
Australia
Judgment Date
02 July 2012
Procedural Posture
Probate Application / Review of Registrar's Decision
Outcome
Declaration made and probate granted to plaintiff; proceedings remitted to registrar; no order as to costs.
Legal Topics
['construction and Execution of Will' 'probate' 'testamentary Intentions' 'dispensing With Formal Requirements' 'succession Act 2006 S8']
['wills and Probate'] ['construction and Execution of Will' 'probate' 'testamentary Intentions' 'dispensing With Formal Requirements' 'succession Act 2006 S8']

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Procedural Posture

Probate Application / Review of Registrar's Decision

Legal Issues

  1. 1 ['Whether the deceased intended a document containing instructions for will preparation to form her will' 'Application of s 8 Succession Act 2006 (NSW) to informal wills']

Ratio Decidendi

The deceased intended the document dated 10 September 2009 to operate as her will to the extent that it recorded instructions as to the disposition of her estate, the appointment of executors and funeral instructions; and probate of the will should be granted accordingly.

Court Disposition

Declaration made and probate granted to plaintiff; proceedings remitted to registrar; no order as to costs.

Orders

  • ['Declare that Emily Puruto intended specified parts of the document dated 10 September 2009 to form her will.' 'Order probate of the said will be granted to the plaintiff.' 'Remit proceedings to the registrar to complete the grant.' 'No order as to costs.']