NSW Caselaw
New South Wales Supreme Court
CITATION : Bannister v Perpetual Trustee Co Ltd; Estate of Mascot Zita Blake deceased [2008] NSWSC 1283
HEARING DATE(S) : 17 November 2008 JURISDICTION : Equity Division Probate List
JUDGMENT OF : Young CJ in Eq
EX TEMPORE JUDGMENT DATE : 17 November 2008
DECISION : Plaintiff entitled to a grant of probate in solemn form of the will of 24 December 2002. Plaintiff's costs to be paid out of the estate on the indemnity basis. First defendant's costs to be paid out of the estate on the party and party basis and second defendant's costs to be paid out of the estate on a submitting basis.
CATCHWORDS : SUCCESSION [10]- Whether a document was intended by the testatrix to constitute a new will or a revocation of an earlier will- Limited evidence of testatrix's acknowledgement of document- Testatrix's previous will drawn up by solicitors- Document as a whole sets out the testatrix's thoughts rather than firm disposition of property- Held that document lacks characteristics of a testamentary instrument- Insufficient evidence to show that document intended to revoke the earlier will.
Succession Act 2006, s 8 LEGISLATION CITED : Supreme Court Act 1970, s 63 Wills, Probate & Administration Act 1898, ss 17, 18A
CATEGORY : Principal judgment
Aoun v Clark [2000] NSWSC 274 CASES CITED : Permanent Trustee Co Ltd v Milton (1995) 35 NSWLR 330 Re Masters (1994) 33 NSWLR 446
John Herbert Bannister (P) PARTIES : Perpetual Trustee Company Limited as Financial Manager for Paul Jonathan Blake (D1) Dustin Blake (D2)
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