The Estate of Robyn Alice May Linworth [2021] NSWSC 334

Supreme Court New South Wales

Medium Neutral Citation: The Estate of Robyn Alice May Linworth [2021] NSWSC 334 Hearing dates: 31 March 2021 Date of orders: 9 April 2021 Decision date: 09 April 2021 Jurisdiction: Equity Before: Hallen J Decision: The Court, being satisfied that the caveator has an interest in the deceased's estate and that there is doubt as to whether the grant of probate should be made of the deceased's Will and Codicil does not order that the caveats cease to be in force in respect of each application. The parties should confer upon the form of orders to be made and the directions that appear best adapted for the just, quick and cheap determination of proceedings on the application for the grant of Probate. They should provide short minutes of order, in hard and soft copy, for the Court's consideration, by 4:00 p.m. on 21 April 2021. The matter is adjourned until 10 May 2021 for orders and directions as to continuation of the proceedings by pleadings to be made. Catchwords: SUCCESSION – Wills, probate and administration - Caveat against grant in response to each of two applications for probate – Wrong form of caveat filed - Notice of motion filed by each of the applicants for order that caveat cease to be in force – No issue of due execution of each of the Will and Codicil - Caveator resists each application on the ground that last Will and Codicil was executed at time when the deceased lacked testamentary capacity - Whether the caveator has satisfied court of doubt as to whether the grant of the deceased's Will and the Codicil ought to be made Legislation Cited: Births, Deaths and Marriages Registration Act 1955 (NSW) Supreme Court Rules 1970 (NSW) Cases Cited: Azzopardi v Smart (The Estate of Alice Ann Smart) (1992) 27 NSWLR 232 Carr v Homersham (2018) 97 NSWLR 328; [2018] NSWCA 65 Estate of Theresa Katalinic; Vea & Katalinic v Katalinic [2020] NSWSC 805 Gurr v Harris, Re; Estate of Simmons (Supreme Court (NSW), Powell J, 18 September 1992, unrep) Konstantinou v Mazitelli [2010] NSWSC 576 Nobarani v Mariconte (2018) 265 CLR 236; [2018] HCA 36 Peterson v Spartalis (Supreme Court (NSW), Hodgson J, 7 April 1995, unrep) Poulos v Pellicer; In the Estate of Culina [2004] NSWSC 504 The Public Trustee v Mullane; Estate of Mullane (Supreme Court (NSW), Powell J, 12 June 1992, unrep) Weinstock v Beck in the Estate of Weinstock [2007] NSWSC 193 Category: Procedural rulings Parties: 2020/357703 Jeffrey Leslie Garrett (Applicant) Sue Evelyn Bromley (Respondent)