NSW Caselaw
New South Wales Supreme Court
CITATION : In the Estate of the late Ian MacLachlan; Peters v Dick & Lord [2007] NSWSC 414 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 6-7 March 2007
JUDGMENT DATE : 2 May 2007
JURISDICTION : Equity Division Probate List
JUDGMENT OF : Bergin J
DECISION : Testamentary capacity - Copy annotated will satisfies s 18A of the Wills, Probate and Administration Act 1898.
CATCHWORDS : WILLS/PROBATE - Whether copy of will annotated by testator satisfies provisions of s 18A of the Wills, Probate and Administration Act 1898 - Whether testator had testamentary capacity
LEGISLATION CITED : Guardianship Act 1987 Wills, Probate and Administration Act 1898
Banks v Goodfellow (1870) LR 5 QB 549 Hatsatouris v Hatsatouris [2001] NSWCA 408 CASES CITED : Pahlow-Silady v Siladi, NSWCA, 22 April 1997 Perpetual Trustee Company Ltd v Fairlie-Cunninghame (1993) 32 NSWLR 377 Re Estate of Griffith (dec'd); Easter v Griffith & Ors (1995) 217 ALR 284
Douglas Peters (plaintiff) PARTIES : Jean Bryden Dick (first defendant) Barry Lord (second defendant)
FILE NUMBER(S) : SC 106374 of 2005
COUNSEL : Mr L Ellison SC (plaintiff) Mr B Ralston (second defendant)
Maclarens Lawyers (plaintiff) SOLICITORS : WP McElhone & Co (first defendant) MCG Lawyers (second defendant)
- 44 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION PROBATE LIST
BERGIN J
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