Estate of Johnston [2010] NSWSC 382

Estate of Johnston [2010] NSWSC 382

The informal document signed by the deceased on 14 April 2005 was intended by him to operate as his will, despite not being formally executed as required by law, and the Court was satisfied to dispense with those requirements under s 8 Succession Act 2006 (NSW). The evidence further established that the nominated executrix, Dulcie Adeline Johnston, was not competent to act, justifying the grant of Letters of Administration cta to Christine Gay Belcher.

Jurisdiction
Australia
Judgment Date
30 April 2010
Procedural Posture
Succession (probate/letters of Administration) / Judgment
Outcome
Application granted
Legal Topics
['wills' 'informal Testamentary Documents' 'letters of Administration' "executor's Competence"]
['succession'] ['wills' 'informal Testamentary Documents' 'letters of Administration' "executor's Competence"]

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Procedural Posture

Succession (probate/letters of Administration) / Judgment

Legal Issues

  1. 1 ['Whether the informal testamentary document signed by the deceased on 14 April 2005 was intended to form his will' 'Whether the requirements for execution of a will should be dispensed with under s 8 of the Succession Act 2006 (NSW)' 'Whether Letters of Administration cta should be granted to Christine Gay Belcher due to the incompetence of the nominated executrix']

Ratio Decidendi

The informal document signed by the deceased on 14 April 2005 was intended by him to operate as his will, despite not being formally executed as required by law, and the Court was satisfied to dispense with those requirements under s 8 Succession Act 2006 (NSW). The evidence further established that the nominated executrix, Dulcie Adeline Johnston, was not competent to act, justifying the grant of Letters of Administration cta to Christine Gay Belcher.

Court Disposition

Application granted

Orders

  • ['Declare the informal testamentary document signed by the deceased and dated 14 April 2005 to be the last will of the deceased within the meaning of s 8 Succession Act 2006 (NSW)' 'Grant Letters of Administration cta of the will to Christine Gay Belcher, daughter of the deceased, for the use and benefit of the...