NSW Caselaw
New South Wales Supreme Court
CITATION : King v Hudson [2009] NSWSC 1013
HEARING DATE(S) : 17, 18 and 19 August 2009
JUDGMENT DATE : 25 September 2009
JURISDICTION : Equity Division Probate List
JUDGMENT OF : Ward J
DECISION : Probate granted in respect of informal testamentary document.
CATCHWORDS : SUCCESSION - wills, probate and administration - the making of a will - deceased executed two informal testamentary documents - whether documents were intended by deceased to constitute his wills - whether deceased possessed testamentary capacity at the time of making documents - held that both documents intended to constitute wills - deceased possessed testamentary capacity at the time of making both documents - probate granted in respect of later document.
LEGISLATION CITED : Wills Probate and Administration Act 1898
Banks v Goodfellow (1870) 5 QB 549 Boughton v Knight (1873) LR 3 P & D 64 Bull v Fulton (1942) 66 CLR 295 Du Maurier v Wechsler [2001] NSWSC 4 Perpetual Trustee v Baker [1999] NSWCA 244 Phillpot v Olney [2004] NSWSC 592 CASES CITED : Public Trustee v Alexander - Estate of Alexander [2008] NSWSC 1272 Public Trustee v Commins; Estate of Wray (NSWSC 19 June 1992 unreported) Re Hodges; Shorter v Hodges (1988) 14 NSWLR 698 ReEstate of Griffith (dec'd); Easter v Griffith (1995) 217 ALR 284 Timbury v Coffey (1941) 66 CLR 277 Wechsler v Du Maurier [2002] NSWCA 13 Worth v Clasohm (1952) 86 CLR 439
TEXTS CITED : Australian Bar Gazette 1967 Vol 2 p 3
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