Re the Estate of V D Bolton [2002] NSWSC 235

New South Wales Supreme Court

CITATION : Re the Estate of V D Bolton [2002] NSWSC 235 CURRENT JURISDICTION: Equity Division Probate List FILE NUMBER(S) : SC 109438 of 2001 HEARING DATE(S) : 10 February 2002 JUDGMENT DATE : 28 March 2002

Kelvin Henry Noldt (Plaintiff) PARTIES : George Edward Bolton (First Defendant) Lynette Dawn Brown (Second Defendant) JUDGMENT OF : Windeyer J at 1

COUNSEL : Mr R Marshall (Plaintiff) Mr D Charles (Defendants) SOLICITORS : Nash Allen Williams & Wotton (Plaintiff) Aubrey Brown Partners (Defendants) CATCHWORDS : SUCCESSION - Probate - Revocation - whether will revoked by writing "cancelled" with testator's signature across copy of will - whether s17(3) of the Wills Probate and Administraction Act 1898 can bear on actions involving copy - whether revocation under s18A LEGISLATION CITED : Wills Probate and Administration Act 1898, s17(3), s18A DECISION : See Paragraphs 11 and 12

- 5 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION PROBATE LIST

WINDEYER J

THURSDAY 28 MARCH 2002

109438/01 RE THE ESTATE OF THE LATE VALERIE DAWN BOLTON JUDGMENT 1 The plaintiff, Kelvin Henry Noldt, is the executor named in a will of Valerie Dawn Bolton deceased, who died on 24 January 2001. That will is dated 2 March 1994. The plaintiff seeks a grant of probate of that will. 2 In accordance with the requirements of the Rules the plaintiff has brought to the attention of the court three other documents. These are as follows:

A. A typed copy of the will dated 2 March 1994. Across the first page of this is between parallel lines written the words: "Cancelled V. Evans" The same wording appears between two lines drawn across the second page and also on the cover page of the will.