Public Trustee v Alexander - Estate of Alexander [2008] NSWSC 1272

New South Wales Supreme Court

CITATION : Public Trustee v Alexander - Estate of Alexander [2008] NSWSC 1272

HEARING DATE(S) : 20/11/08

JUDGMENT DATE : 20 November 2008

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 20 November 2008

1. Declare that under s 18A of the Probate and Administration Act that exhibit B constitutes a will of the deceased; 2. order the grant of letters of administration 106534/2007 be revoked; 3. order that letters of administration with the Will annexed be granted to the Public Trustee; 4. remit the application to the Registrar to complete the grant; 5. declare that upon the true construction of the will of the deceased the first cross-defendant is entitled to the estate DECISION : 6. order that the plaintiff's costs of the proceedings be paid out of the estate on the indemnity basis and the costs of the defendant/cross-claimant and of the cross defendant be paid out of the estate on the party/party basis. 7. direct that the exhibits other than exhibits A & B be returned after 28 days.

CATCHWORDS : WILLS, PROBATE AND ADMINISTRATION – informal wills – whether suicide note should be characterised as the deceased's will - WILLS, PROBATE AND ADMINSTRATION – construction – meaning of 'all my belongings' – informal will drafted by a layman – no real property – words sufficiently wide to bequeath whole estate

LEGISLATION CITED : Probate and Administration Act 1898 (NSW)

In the Estate of Masters; Hill v Plummer (1994) 33 NSWLR 446 Costa v Public Trustee of NSW [2008] NSWCA 223 In re Bradfield [1914] WN 423 In re Mills Will Trusts (1937) 106 LJ Ch 159 CASES CITED : In re Price Deceased [1950] Ch 242 In re Schott's Will Trust (1968) 112 SJ 335 Simson' Trustees v Simson [1922] SC 14 Public Trustee v Young (1980) 23 SASR 239 Jenkins v Stewart (1906) 3 CLR 799 Fell v Fell (1922) 31 CLR 268