ROSS V FLETCHER ESTATE LAYCOCK [2004] NSWSC 603

New South Wales Supreme Court

CITATION : ROSS V FLETCHER ESTATE LAYCOCK [2004] NSWSC 603 HEARING DATE(S) : 5 July 2004 JUDGMENT DATE : 5 July 2004

JURISDICTION: Equity Division Probate List JUDGMENT OF : Windeyer J at 1 DECISION : Grant of probate to the plaintiffs.

CATCHWORDS : WILLS - construction Alan William Ross (First Plaintiff) PARTIES : Betty Elaine Cairncross (Second Plaintiff) Brian James Fletcher (First Defendant) Susan Joy Lithgow (Second Defendant) FILE NUMBER(S) : SC 102428 of 2002 COUNSEL : Mr B Townsend (Plaintiffs) Mr J Van Aalst (Defendants) SOLICITORS : Leitch Hasson Dent (Plaintiffs) Thomas S Curran (Defendants)

- 2 - THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

WINDEYER J

MONDAY 5 JULY 2004

102428/02 ESTATE OF WILBERT SAMUEL LAYCOCK – ALAN WILLIAM ROSS & BETTY ELAINE CAIRNCROSS v BRIAN JAMES FLETCHER & SUSAN JOY LITHGOW

JUDGMENT

1 HIS HONOUR: Wilbert Samuel Laycock died on 19 June 2000 aged 81 years.

2 He left a will dated 5 April 1994 apparently written in his own handwriting as follows: " 5-4-94 I want my Australian cousens to each have a Equel share in my estate accounts in Punchbowl commonwealth Bank." 3 This was signed by the deceased and his signature was witnessed by two persons as required by law for a valid will. There is no suggestion that this document was not a valid will.

4 Underneath the signatures of the attesting witnesses, appears the following, also, it seems, written in the handwriting of the deceased: "Please Hand this will to Alan Ross 14 GOODWIN AV GREENACRE." 5 The deceased had been married, but his wife had predeceased him. They had a child who predeceased the deceased and died without issue. There were no children or grandchildren.