NSW Caselaw
New South Wales Supreme Court
CITATION : Tu v Tu Estate of Tu [2008] NSWSC 458
HEARING DATE(S) : 21, 22, 23 and 24 April 2008
JUDGMENT DATE : 14 May 2008
JURISDICTION : Equity Division Probate List
JUDGMENT OF : Windeyer J at 1
DECISION : Order for grant of probate in solemn form of copy of 2003 will.
CATCHWORDS : WILLS PROBATE AND ADMINISTRATION – Probate – Application for grant of probate – whether deceased had knowledge and approval of contents of will - suspicious circumstances not a defence - WILLS PROBATE AND ADMINISTRATION – Probate – Application for grant of probate – whether testator had testamentary capacity – where deceased suffered Parkinson's disease, delusions and schizophrenia – onus remains with person propounding will
CATEGORY : Principal judgment
Banks v Goodfellow (1870) LR 5 QB 549 Estate of Griffiths (deceased) Easter v Griffiths (unreported NSW Court of Appeal 7 June 1995) In the will of Hempel [1960] SR(NSW) 147 at 149 CASES CITED : Jones v Dunkel (1959) 101 CLR 298. Kerr v Badran [2004] NSWSC 735 Nock v Austin (1918) 25 CLR 519 Rhodes v Rhodes (1882) 7 AC 192 at 198; Worth v Clasohm (1952) 86 CLR 439
PARTIES : Margaret Sze Tu and Helen Sze Tu (Plaintiffs) Mary Sze Tu (Defendant)
FILE NUMBER(S) : SC 119303 of 2005
COUNSEL : Mr L Ellison SC (Plaintiffs) Mr P Hallen SC with him Mr A R Zahra (Defendant)
SOLICITORS : Derham Houston Lawyers (Plaintiffs) Colin Biggers and Paisley (Defendant)
- 33 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION PROBATE LIST
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