Estate of Johnston [2010] NSWSC 382

New South Wales Supreme Court

CITATION : Estate of Johnston [2010] NSWSC 382

HEARING DATE(S) : 1 April 2010

JUDGMENT DATE : 30 April 2010

JURISDICTION : Equity

JUDGMENT OF : Slattery J at 1

1. Declare that the informal testamentary document signed by the deceased and dated 14 April 2005 to be the last will of the deceased within the meaning of s 8 Succession Act 2006 (NSW). 2. Grant Letters of Administration cta of the will to Christine Gay Belcher, daughter of the deceased, for the use and benefit of the nominated executor, Dulcie Adeline Johnston, limited until the said Dulcie Adeline Johnston recovers from her disability. DECISION : 3. Order the administration bond be dispensed with. 4. Order the costs of the plaintiff on the indemnity basis be paid out of the estate of the deceased. 5. Note that no order is made as to the costs of Paul Ronald Johnston to the intent he bear his own costs of the proceedings.

CATCHWORDS : SUCCESSION - wills, probate and administration - probate and letters of administration - whether an informal document was intended to form the testator's will - sufficient evidence for the Court to dispense under s 8 (2) of the Succession Act with the usual requirements for the execution of a valid will - Letters of Administration cta of the will granted to plaintiff due to the nominated executrix's mental incapacity

Probate and Administration Act 1898 (NSW), ss 18A, 74(c) LEGISLATION CITED : Succession Act 2006 (NSW), ss 6,8 Supreme Court Rules 1970 (NSW), Part 78 r 24A (6) (a), r 34E (2)(a) Wills Probate and Administration Act 1898 (NSW), s 7

CATEGORY : Principal judgment