Hough v Harris; Estate of Graham [2004] NSWSC 958

New South Wales Supreme Court

CITATION : Hough v Harris; Estate of Graham [2004] NSWSC 958 HEARING DATE(S) : 11 October 2004 JUDGMENT DATE : 18 October 2004

JURISDICTION: Equity Division Probate List JUDGMENT OF : Windeyer J at 1 DECISION : Section 18A document admitted to probate.

CATCHWORDS : SUCCESSION - probate - informal wills - testamentary intention - application for letters of administration with document annexed pursuant to s18A Wills Probate and Administration Act 1898 - informal document handwritten and signed by the deceased - document found under paper lining in cupboard - where evidence of conversations between deceased and beneficiaries prior to death supports intention of deceased that the document constituted her will - evidence of deceased's statement that she did not have a will, and intended to make a formal will at some future time insufficient to show that document was not intended by deceased to operate as her will. - SUCCESSION - probate - informal wills - amendments - where deceased made notes and alterations from time to time regarding amounts due and owing, including gifts made to her children prior to her death - effect of these amendments upon the main document. - LEGISLATION CITED : Wills Probate and Administration Act 1898 s18A Carolyn Claire Hough (First Defendant) PARTIES : Gary Miller (Second Defendant) Frank Henry Harris by his tutor Joyce Mary Fuller (Defendant) FILE NUMBER(S) : SC 102536/04 COUNSEL : Mr Legg (Solicitor) (Plaintiffs) Mr P O'Loughlin (Defendant) SOLICITORS : Burridge & Legg (Plaintiffs) Bowring Macaulay & Barrett (Defendant)