NSW Caselaw
New South Wales Supreme Court
CITATION : Singh v Singh; Estate of Hari Bhajan Singh [2008] NSWSC 715
HEARING DATE(S) : 7 and 8 July 2008
JUDGMENT DATE : 8 July 2008
JURISDICTION : Equity Division Probate List
JUDGMENT OF : Young CJ in Eq
DECISION : Probate in solemn form granted to the first defendant of the wills of both January and February 2004. Plaintiff to pay 75% of the defendants' costs of the proceedings.
CATCHWORDS : SUCCESSION [55] [[143]- Whether on the whole of the evidence the testator intended for a later will to revoke an earlier will- Evidence indicates that the earlier will is to apply to Australian property and the later will to apply to Fijian property- Construction of phrase "my 50% share in H B Singh (Fiji) Pty Ltd"- Evidence shows the intention of the testator is for the phrase to mean 50% of my shares" subject to the trusts of the will. WORDS & PHRASES- "Properties".
LEGISLATION CITED : Wills Probate and Administration Act 1898, s 29A
Brown v McEncroe (1890) 11 LR (NSW) (Eq) 134 Doe d Wall v Langlands (1811) 14 EAST 370; 104 ER 644 In re Suisted [1933] NZLR 119 CASES CITED : Lowthorpe-Lutwidge v Lowthorpe-Lutwidge [1935] P 151 Re Barker [1995] 2 VR 439 Re Page [1969] 1 NSWR 471; (1969) 90 WN (Pt 1) (NSW) 6 Re Resch's Will Trusts [1969] AC 514 Tatham v Huxtable (1950) 81 CLR 639
Rajindar Singh (P) PARTIES : Suraj Kumari Singh (D1) Masotu Pty Ltd (D2)
FILE NUMBER(S) : SC P102787/08
COUNSEL : G A Rich (P) D Murr SC and J Heazlewood (D)
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