NSW Caselaw
New South Wales Supreme Court
CITATION : Manning v Hughes – Estate of Ludewig [2010] NSWSC 226
HEARING DATE(S) : 1, 2 and 3 March 2010
JUDGMENT DATE : 26 March 2010
JURISDICTION : Equity
JUDGMENT OF : White J
DECISION : Refer to paras 68-71 of judgment.
CATCHWORDS : WILLS PROBATE AND ADMINISTRATION – application for grant of probate – testamentary capacity – where deceased made earlier will in different terms – where deceased made later will when suffering from dementia – onus remains with person propounding will – deceased lacked testamentary capacity when making later will – probate granted to earlier will
CATEGORY : Principal judgment
Banks v Goodfellow (1870) LR 5 QB 549 Kerr v Badran [2004] NSWSC 735 Re Estate of Paul Francis Hodges deceased; Shorter v Hodges (1988) 14 NSWLR 698 Harwood v Baker (1840) 3 Moo PC 282; 13 ER 117 CASES CITED : Bailey v Bailey (1924) 34 CLR 558 Read v Carmody (Court of Appeal, 23 July 1998, unreported, BC9803374) Briginshaw v Briginshaw (1938) 60 CLR 336 Worth v Clasohm (1952) 86 CLR 439 Re Estate of Griffith (dec'd); Easter v Griffith (1995) 217 ALR 284
TEXTS CITED : Charles Rowland, Hutley's Australian Wills Precedents, 7th ed, (2009) LexisNexis Butterworths
Plaintiff: Robert Manning PARTIES : 1st Defendant: Barbara Hughes 2nd Defendant: Mardi Cochran 3rd Defendant: Christine Hughes
FILE NUMBER(S) : SC 2008/294398
COUNSEL : Plaintiff: L Ellison SC Defendants: J Needham SC
SOLICITORS : Plaintiff: Clinch Long Letherbarrow Defendants: Wills & Estates Legal Service
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