NSW Trustee and Guardian v Pittman – Estate of Koltai [2010] NSWSC 501

New South Wales Supreme Court

CITATION : NSW Trustee and Guardian v Pittman – Estate of Koltai [2010] NSWSC 501

HEARING DATE(S) : 17 May 2010

JUDGMENT DATE : 18 May 2010

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 18 May 2010

1. Declare that the two-page document which is exhibit A does not constitute the will of the late Mary Magdalena Koltai. 2. Order that letters of administration of the intestate estate of the late Mary Magdalena Koltai be granted to the cross-claimant. DECISION : 3. Order that the matter be remitted to the Registrar in probate to complete the grant. 4. Order that the claims for relief in the statement of claim and in the amended cross-claim be otherwise dismissed. 5. Order that costs of both parties be paid out of the estate on the indemnity basis. 6. The exhibits may be returned after 28 days.

CATCHWORDS : WILLS, PROBATE AND ADMINISTRATION – whether document constituted informal will of deceased – where deceased had history of mental instability and made document when contemplating suicide and affected by alcohol and drugs – where document expressed in dispositive and precatory terms – whether deceased had testamentary capacity when made document – whether deceased intended document to constitute will – whether deceased expressed intention that document constituted will some time after making document and had testamentary capacity at the time - FAMILY PROVISION – application for provision out of deceased's estate under Family Provision Act 1982

LEGISLATION CITED : Wills, Probate and Administration Act 1898 (NSW) Family Provision Act 1982 (NSW)