NSW Caselaw
New South Wales Supreme Court
CITATION : DAWSON v PETERS & 3 ORS [2007] NSWSC 1329
HEARING DATE(S) : 06 and 07/11/2007
JUDGMENT DATE : 26 November 2007
JURISDICTION : EQUITY
JUDGMENT OF : Bryson AJ at 1
DECISION : (1) Dismiss Claim 1 in the Summons; (2) Refer the claim for probate of the Will dated 23 January 2002 to the Registrar to complete; (3) Reserve costs.
CATCHWORDS : PROBATE - informal will - WPA Act s 18A - alleged codicil written out in testator's hospital room by the person principally benefited and signed by testator in her presence - no attesting witness, no other person present - testator aged 88, extremely ill and died next day - extensive evidence of circumstances and medical condition - probate of codicil refused because not satisfied (1) testator knew and approved of contents of document (2) testamentary capacity.
LEGISLATION CITED : Wills Probate and Administration Act s.18A
Bailey v Bailey (1924) 34 CLR 558 Banks v Goodfellow (1870) LR 5 QB 549 Briginshaw v Briginshaw (1938) 60 CLR 336 Nock v Austin (1918) 25 CLR 519 CASES CITED : Plunkett v Bull (1915) 19 CLR 544 Timbury v Coffee (1941) 66 CLR 277 Trust Company of Australia Ltd v Daulizio [2003] VSC 358 Tyrrell v Painton [1894] P 151 Vernon v Watson (Estate Clarice Isabel Quigley Deceased) [2002] NSWSC 600
Frederick Brian Dawson - Plaintiff PARTIES : Joan Marie Peters and Gwen Cameron - First and Second Defendants Narelle Godbee - Third Defendant
FILE NUMBER(S) : SC 102918/2006
M.P. Cleary - Pltf COUNSEL : R. Reitano - 1st & 2nd Dft M. Lawson - 3rd Dft
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