The Estate of Bradley Scott Lyons [2021] NSWSC 197

Supreme Court New South Wales

Medium Neutral Citation: The Estate of Bradley Scott Lyons [2021] NSWSC 197 Hearing dates: 24 February 2021 Date of orders: 11 March 2021 Decision date: 11 March 2021 Jurisdiction: Equity Before: Hallen J Decision: The Court: 1. Orders that the relief sought by the Plaintiff in Paragraph 1 of the Summons for Probate be dismissed. 2. Declares that the Will dated 27 May 2016 of Bradley Scott Lyons is the last Will of the deceased. 3. Orders subject to compliance with the Probate rules of Court, that probate in solemn form of the Will dated 27 May 2016 of Bradley Scott Lyons be granted to the Plaintiff. 4. Remits the matter to the Senior Deputy Registrar in Probate to deal with the grant of Probate as an application for an uncontested grant of the 2016 Will. 5. Orders that the Plaintiff's costs, calculated on the indemnity basis, be paid, or retained, as the case may be, out of the estate of the deceased. Catchwords: SUCCESSION – Probate and administration – Informal document being a draft Will – Dispensing with requirements for execution of the draft Will pursuant to Succession Act 2006 (NSW) s 8 – No dispute that the draft Will is a document, that it purported to state the testamentary intentions of the deceased, and that it had not been executed in accordance with Part 2 of the Succession Act – Sole question whether the Court is satisfied that the deceased intended the draft Will to form his will – The deceased aware of need to sign draft Will – Evidence does not permit a finding that the deceased intended that the draft Will would form his Will Legislation Cited: Evidence Act 1995 (NSW), s 140 Interpretation Act 1987 (NSW), s 21 Succession Act 2006 (NSW), s 8 Cases Cited: Baldwin's Limited v Halifax Corp (1916) 85 LJKB 1769 Belcastro v Belcastro [2004] WASC 111 Bell v Crewes (2011) 5 ASTLR 298; [2011] NSWSC 1159 Commissioner of Railways (WA) v Stewart (1936) 56 CLR 520; [1936] HCA 51 Estate of Williams deceased (1984) 36 SASR 423 Fast v Rockman [2013] VSC 18 in Re Estate of Sophia Alexandra Hicks (Dec); ex parte Hicks [2020] WASC 170 In the Estate of Margaret, Deceased [2012] NSWSC 1490 In the Estate of Masters (deceased); Hill v Plummer (1994) 33 NSWLR 446 In the Estate of Stewart (Supreme Court (NSW), Cohen J, 12 April 1996, unrep) In the Will of Lobarto Shields v Caratozzolo (1991) 6 WAR 1 Kalamunda Meat Wholesalers Pty Ltd v Reg Russell & Sons Pty Ltd (1994) 51 FCR 446, at 452; [1994] FCA 1059 Marley v Rawlings [2013] 2 WLR 205; [2012] EWCA Civ 61 Newman v Brinkgreve; The Estate of Floris Verzijden [2013] NSWSC 371 Oreski v Ikac [2008] WASCA 220 Pahlow-Silady v Silady [1999] NSWSC 890 Public Trustee v Commins; The Estate of Gwendolyn Myrtle Wray (Supreme Court (NSW), Powell J, 19 June 1992, unrep) Re Broad, Smith v Draeger [1901] 2 Ch 86 Re Estate Miruzzi, deceased [2018] NSWSC 1899 Re Estate of O'Dell [2010] NSWSC 678 Re Estate of Peter Brock (2007) 1 ASTLR 127; [2007] VSC 415 Re Nicholls [1996] 1 Qd R 179 Re Sanders [2016] VSC 694 Snape v Gibson; Re Estate of Paul Francis Snape [2006] NSWSC 829 The Estate Laura Angius [2013] NSWSC 1895 The Estate of Kevin John Hines v Hines [1999] WASC 111 The Estate of Michael Francis McNamara (Supreme Court (NSW), Powell J, 10 April 1992, unrep) Wood v Smith [1993] Ch. 90 (C.A.) Category: Principal judgment Parties: Debbie Sharon Pack (Plaintiff) Representation: Solicitors: Bartier Perry Lawyers (Plaintiff) File Number(s): 2020/282027