Cassie v Koumans & Ors; Estate of Cassie [2007] NSWSC 481

New South Wales Supreme Court

CITATION : Cassie v Koumans & Ors; Estate of Cassie [2007] NSWSC 481 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 9 May 2007

JUDGMENT DATE : 9 May 2007

JURISDICTION : Equity Division Probate List

JUDGMENT OF : Windeyer J at 1

DECISION : Claim for rectification of will or that video recording operated as codicil to will dismissed.

CATCHWORDS : WILLS, PROBATE AND ADMINISTRATION – Testamentary instruments – Video tape purporting to explain will – Video tape constituted "document" – Whether will should be rectified in accordance with video tape – Rectification claim dismissed – Whether video tape was intended to be an amendment to will – Held video tape was intended to explain will and was not intended to be an amendment to will - Wills, Probate and Administration Act 1898, s18A

LEGISLATION CITED : Interpretation Act 1987 Wills Probate and Administration Act 1898 s 18A

CASES CITED : Treacey & Ors v Edwards; Estate of Edwards (2000) 49 NSWLR 738 846

Murray James Bannerman Cassie (Plaintiff) Marget Ann Koumans (First Defendant) PARTIES : Peter Wainberg (Second Defendant) Timothy James Cassie by his tutor Annelies Suzanne Cassie (Third Defendant) Bethany Ruth Cassie by her tutor Annelies Suzanne Cassie (Fourth Defendant)

FILE NUMBER(S) : SC 105334 of 2006

Mr L Ellison SC (Plaintiff) COUNSEL : Mr JB Stinson (Solicitor) (First and Second Defendants) Mr M Vincent (Third and Fourth Defendants)

Adrian Holmes (Plaintiff) SOLICITORS : Diamond Conway (First and Second Defendants) Baldwin Oates and Tidbury (Third and Fourth Defendants)