Estate of Francis Collins [2000] NSWSC 407

New South Wales Supreme Court

CITATION : Estate of Francis Collins [2000] NSWSC 407 CURRENT JURISDICTION: Equity Division Probate List FILE NUMBER(S) : SC 108480/96 HEARING DATE(S) : 08/05/2000 JUDGMENT DATE : 15 May 2000

PARTIES : Sarah Agnes Russell, Margaret Collins and Veronica Collins (P) JUDGMENT OF : Young J

COUNSEL : G O Blake (P) SOLICITORS : Hunt & Hunt (P) CATCHWORDS : SUCCESION [55]- Revocation- Inconsistent instruments- No revocation clause- How far former revoked. In the Goods of Budd (1862) 3 Sw & Tr 196; 164 ER 1249 Cadell v Wilcocks [1898] P 21 Re Christie (1883) 9 VLR (IP & M) 46 CASES CITED : Re Gilbert (1905) 22 WN (NSW) 186 Lemage v Goodban (1865) 1 P & D 57 In the Goods of Petchell (1874) 3 P & D 153 Re Resch's Will Trusts [1969] 1 AC 514 DECISION : See paras 8 and 9

THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION PROBATE LIST

YOUNG J

MONDAY 15 MAY 2000

108480/96 - ESTATE OF FRANCIS COLLINS (NO 2)

JUDGMENT

1 HIS HONOUR: On 21 February 2000, I held that an informal document bearing the date 23 April 1995 was a testamentary document. I made orders in accordance with the Short Minutes then tendered. 2 The question that now arises under the notice of motion filed on 14 April 2000 is whether that document should be treated as a codicil or amendment of the previous will, and that so much of the previous will as is not inconsistent with it should also be admitted to probate. 3 In essence, the original will of the deceased contains the following clauses:

(1) revocation clause; (2) appointment of his three sisters as executors/trustees; and (3) devise of all real and personal Australian property to nieces and nephews that survive him. 4 The informal document, which is in the form of a letter, contains the following -