Baird v Huang; Estate of Robin Sydney Williams [2001] NSWSC 409

New South Wales Supreme Court

CITATION : Baird v Huang; Estate of Robin Sydney Williams [2001] NSWSC 409 CURRENT JURISDICTION: Equity Division Probate List FILE NUMBER(S) : SC 105747/99 HEARING DATE(S) : 15/05/01 JUDGMENT DATE : 15 May 2001

PARTIES : Terence Peter Baird (P) Lilly Huang (D) JUDGMENT OF : Young CJ in Eq

COUNSEL : L J Aitken (P) C M Simpson (D) SOLICITORS : Gray & Perkins (P) Turner Freeman (D) CATCHWORDS : SUCCESSION [58]- Dependent relative revocation- Assumption of future fact- Assumption becomes invalid- Whether revocation of part of earlier will revoked conditionally on basis of continuing truth of assumption. Adams v Southerden [1925] P 177 In re Carey (1977) 121 So Jo 173 CASES CITED : In re Jones [1976] 1 Ch 200 Re Riordan [1961] VR 271 Re Tait [1957] VR 405 DECISION : Orders made.

THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION PROBATE LIST

YOUNG CJ in Eq

TUESDAY 15 MAY 2001

105747/99 - BAIRD v HUANG; ESTATE OF ROBIN SYDNEY WILLIAMS

JUDGMENT

1 HIS HONOUR: On 7 December 1998 the testator, Robin Sydney Williams, made his last will and testament. The capacity of the testator was in doubt in these proceedings for a while but it is no longer an issue. Given the fact that all other aspects of the case are in order, apart from the matter which I will consider below, probate should be granted at least of that will to the plaintiff in due course. 2 The defendant is the testator's de facto wife. Clauses 3 and 4 of the will provide in summary that the testator and the defendant were in the process of purchasing a property at North Strathfield as tenants in common. The defendant's contribution was to be $128,000. Essentially, the will provided that the defendant would have the right to reside in the North Strathfield property for life, and the will specifically said that the testator had made no other provision for the defendant because she would be provided for by the North Strathfield property and from her being the surviving joint tenant with the testator of some property in the Port Stephens area. 3 The will expressly provided in cl 1: