Glen v Bilton Re Estate of Hextall [2005] NSWSC 1365

New South Wales Supreme Court

CITATION : Glen v Bilton Re Estate of Hextall [2005] NSWSC 1365

HEARING DATE(S) : 14 March 2005

JUDGMENT DATE : 14 March 2005

Equity Division JURISDICTION : Probate List

JUDGMENT OF : Windeyer J at 1

DECISION : Rectification of will refused

CATCHWORDS : WILLS PROBATE AND ADMINISTRATION - construction of will - rectification

Deborah Dawn Glen (Plaintiff/Cross-Defendant) Donald Bilton (First Defendant/Cross Claimant) Megan Tyler (Second Defendant) PARTIES : Luke Gorman (Third Defendant) Benjamin Gorman (Fourth Defendant)

FILE NUMBER(S) : SC 122270/04

Mr G George (Plaintiff/Cross-Defendant) COUNSEL : Mr D M Flaherty (First Defendant/Cross claimant) Mr L Ellison (Second, Third and Fourth Defendants)

DTA Lawyers (Plaintiff/Cross-Defendant) SOLICITORS : Cameron Gillingham & Boyd (First Defendant/Cross-claimant) Heckenberg Associates (Second, Third and Fourth Defendants)

LOWER COURT JURISDICTION :

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

WINDEYER J

MONDAY 14 MARCH 2005

122270/04 - DEBORAH GLEN v DONALD BILTON & ORS

JUDGMENT

1 HIS HONOUR: In this matter, as I have come to a firm conclusion, it seems better to give the decision now even if it is not in perfect form. To save any suspense I have come to the conclusion that the claim for rectification must fail.

2 The testatrix, Mrs Hextall, died on 21 August 2003. She left a will dated 5 June 2000. She had given some instructions for that will to a solicitor, Mr Walsh, on either 10 or 20 April 2000. Mr Walsh made some notes of his instructions on that day. He had been handed by Mrs Hextall a document, apparently in her handwriting, which set out details of members of her family and details of her intended dispositions for a will.