Karwala v Skrzypczak; In the Estate of Ratajczak [2006] NSWSC 203

New South Wales Supreme Court

CITATION : Karwala v Skrzypczak; In the Estate of Ratajczak [2006] NSWSC 203

HEARING DATE(S) : 14-17, 20-23 and 27-28 February 2006

JUDGMENT DATE : 29 March 2006

JURISDICTION : Equity Division Probate List

JUDGMENT OF : Windeyer J at 1

DECISION : Order of grant of administration with copy of Polish will annexed.

CATCHWORDS : WILLS - contest between will made in 1961 and wills made in 1992 and 1995 - claimed agreement to leave property by will in exchange for assistance in the home - 1992 will leaving everything to person giving assistance - subsequent wills made on same day in 1995 in English and Polish also giving property to that person - questions of execution and testamentary capacity in respect of 1992 and 1995 documents - subsidiary issues of undue influence and lack of knowledge and approval - original of 1995 Polish will not produced - loss explained - no presumption of revocation

LEGISLATION CITED : Wills Probate and Administration Act 1898

Banks v Goodfellow (1870) LR 5 QB 549 Barry v Butlin (1838) 2 Moo PC 480. CASES CITED : Fulton v Andrew (1875) LR 7 HC 448; Nock v Austin (1918) 25 CLR 519 Worth v Clasohm (1952) 86 CLR 43

PARTIES : Maria Karwala (Plaintiff) Jadwiga Skrzypczak (Defendant)

FILE NUMBER(S) : SC 100898 of 2003

COUNSEL : Mr I N Asuzu (Plaintiff) Mr S Galitsky (Defendant)

SOLICITORS : Not applicable (Plaintiff) G.A. Kinsey (Defendant)

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

WINDEYER J

WEDNESDAY 29 MARCH 2006.