NSW Caselaw
New South Wales Supreme Court
CITATION : Sullivan v Mouglalis; Wilson v Mouglalis - Estate Late Willem Wyma [2008] NSWSC 1326 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 4, 5 & 6 August 2008
JUDGMENT DATE : 12 December 2008
JURISDICTION : Equity/Probate
JUDGMENT OF : Bryson AJ at 1
DECISION : Equity - 6054 of 2007 - The proceedings are dismissed. Probate - 111713 of 2007 - The proceedings are dismissed.
CATCHWORDS : WILLS PROBATE and ADMINISTRATION - proof that document was in fact executed by deceased and duly attested - in earlier proceedings where will was not found and there was evidence of its contents Gzell J on 22 March 2007 [2007 NSWSC 208] refused administration c.t.a. on ground that as original will was not forthcoming revocation should be presumed - LA on intestacy for benefit of five children of deceased - on 5 April 2007 document purportedly deceased's will placed in plaintiff's mailbox in Netherlands by unidentified person - claim for probate of that document - consideration of evidence relating to execution - evidence relating to due attestation - handwriting evidence inconclusive - witnesses' signatures illegible, witnesses could not be identified - HELD - plaintiff had not discharged onus of proof, probate refused. Alternative Family Provision claims dismissed.
LEGISLATION CITED : Family Law Provision Act
Scott Andrew Sullivan and Geoffrey John Sullivan - Plaintiff in 6054/07 PARTIES : Joyce Wilson - Plaintiff in 111713/07 Julie Anne Mouglalis - Defendant
FILE NUMBER(S) : SC 6054/2007 & 111713/2007
COUNSEL : R Weaver - Plaintiff in 111713/07 G A Rich - Defendant in 111713/07, plaintiffs in 6054/07
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