NSW Caselaw
New South Wales Supreme Court
CITATION : Revie v Druitt [2005] NSWSC 902
HEARING DATE(S) : 26, 27 and 28 July 2005
JUDGMENT DATE : 8 September 2005
2236 of 2002 Equity Division JURISDICTION : 104156 of 2004 Equity Division, Probate List
JUDGMENT OF : Windeyer J at 1
DECISION : Order for revocation of grant of probate of 2001 will.; Order for probate of 1999 will in common form.; Equity claims dismissed, apart from Family Provision Act claim.; Family Provision Act application stayed
CATCHWORDS : SUCCESSION - probate - application for revocation of grant of probate - undue influence - evidence that defendant prepared documents later signed by testator, including last 2 wills - defendant able to exercise control over testator - whether such control sufficient to constitute "coercion". - SUCCESSION - probate - application for revocation of grant of probate - issue that of testamentary capacity - testator aged 94 at date of will and suffering from progressive dementia - evidence that testator had signed documents containing false statements - requirement for testator to bring a reasoning mind to competing claims on his estate. - EQUITY - equitable remedies - charges - improvements made to deceased's estate by plaintiff - benefit obtained by plaintiff - where no evidence of added value. - EQUITY - breach of contract - claim for contract based on promise by deceased to leave land to plaintiff in a will - contract not in writing - effect of s54A Conveyancing Act.
Conveyancing Act 1919, s54A, s163F(2) LEGISLATION CITED : Family Provision Act 1982, s7.
Banks v Goodfellow [1870] LR 5 QB 549 Boyse v Rossborough (1857) 6 HL Cas 1 Horton v Jones (1935) 53 CLR 475 Jones v Dunkel (1959) 101 CLR 298 Kerr v Badran [2004] NSWSC 735 CASES CITED : Perpetual Trustee Co Ltd v Fairlie-Cunninghame (1993) 32 NSWLR 377 Re Estate of Bellew (McLelland J, 13 August 1992, unreported) Re Estate Griffith (deceased) Easter v Griffith (1995) 217 ALR 284 Wingrove v Wingrove (1885) LR 11 PD 81 Winter v Crichton (1991) 23 NSWLR 116 Worth v Clasohm (1952) 86 CLR 439
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