Application by Maggie Riman (Estate of Rita Riman) [2022] NSWSC 872

Supreme Court New South Wales

Medium Neutral Citation: Application by Maggie Riman (Estate of Rita Riman) [2022] NSWSC 872 Hearing dates: 23 June 2022 Date of orders: 1 July 2022 Decision date: 01 July 2022 Jurisdiction: Equity Before: Hallen J Decision: See Paragraph [100] Catchwords: SUCCESSION – Probate and administration – Online document, in the form of answers to questionnaire, whether purporting to state the testamentary intentions of the deceased - Typed out by the deceased and sent to an online will writing platform – Formal will not drafted using the document forwarded by the deceased – No signature on the document that was created – Email sent by the deceased to her solicitor referring to having "drawn up and completed a will" – Unsent text message to Plaintiff on deceased's mobile phone also referring to "will I had made this morning" - Dispensing with requirements for due execution of a will pursuant to s 8 of the Succession Act 2006 (NSW) – No dispute that there was a document and that it purported to state the testamentary intentions of the deceased and that it had not been executed in accordance with Part 2.1 of the Succession Act – Question whether the deceased intended that the document form her will – Whether evidence sufficient to permit a finding that the deceased intended the document form her Will Legislation Cited: Evidence Act 1995 (NSW) s 140 Interpretation Act 1987 (NSW) s 21 Succession Act 2006 (NSW) Pt 2 Div 2, ss 3, 6, 8, 128 Supreme Court Rules 1970 (NSW) Pt 78, rr 14, 42 Cases Cited: Ackerley v Felton [2012] NSWSC 1468 ANZ Executors & Trustee Co Ltd v McNab (1999) 3 VR 666 Application by SCS Super Pty Limited atf Australian Catholic Superannuation and Retirement Fund [2022] NSWSC 686 Banks v Goodfellow (1870) LR 5 QB 549 Belcastro v Belcastro [2004] WASC 111 Burrows v Burrows (1827) 1 Hagg Ecc 108; (1827) 162 ER 524 Collins v Marinovich [2021] QSC 141 Estate of Laura Angius; Angius v Angius [2013] NSWSC 1895 Fielder v Burgess [2014] SASC 98 Heffernan v Innes [2021] NSWSC 1033 In the Estate of Knibbs, deceased; Flay v Trueman [1962] 1 WLR 852 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 Robin Michael (deceased) [2016] SASC 164 In the Estate of Stewart (Supreme Court (NSW), Cohen J, 12 April 1996, unrep) Newman v Brinkgreve; The Estate of Floris Verzijden [2013] NSWSC 371 Public Trustee v Commins; The Estate of Gwendolyn Myrtle Wray (Supreme Court (NSW), Powell J, 19 June 1992, unrep) Re Bubnich; Marian v Bubnich [1965] WAR 138 Re Estate of Brock; Chambers v Dowker (2007) 1 ASTLR 127; [2007] VSC 415 Re Hodges (1988) 14 NSWLR 698 Re Langley [2018] VSC 623 Re Nicholls [1996] 1 Qd R 179 Re Sanders [2016] VSC 694 Rodny v Weisbord (2020) 102 NSWLR 403; [2020] NSWCA 22 Ryan v Kazacos; Estate of Michael Harvey Kazacos (2001) 183 ALR 506; [2001] NSWSC 140 Snape v Gibson; Re Estate of Paul Francis Snape [2006] NSWSC 829 Stuart v Kirkland-Veenstra (2009) 237 CLR 215; [2009] HCA 15 Sutton v Sadler (1857) 3 CBNS 87; (1857) 140 ER 671 Symes v Green (1859) 1 Sw & Tr 401; (1859) 164 ER 785 The Estate of Bradley Scott Lyons [2021] NSWSC 197 The Estate of Kevin John Hines v Hines [1999] WASC 111 The Estate of Walter Ostro [2021] NSWSC 495 Tobin v Ezekiel (2012) 83 NSWLR 757; [2012] NSWCA 285 Weisbord v Rodny; Rodney v Weisbord [2018] NSWSC 1866 Whyte v Pollok (1882) 7 App Cas 400 Yazbek v Yazbek [2012] NSWSC 594 Category: Principal judgment Parties: Maggie Riman Attorney General of NSW (Amicus Curiae) Representation: Counsel: K Morrissey (Plaintiff) H P Bennett (Amicus Curiae)