NSW Caselaw
New South Wales Supreme Court
CITATION : Fawcett v Crompton [2010] NSWSC 219
HEARING DATE(S) : 22 March 2010
JUDGMENT DATE : 22 March 2010
JUDGMENT OF : Smart AJ
EX TEMPORE JUDGMENT DATE : 22 March 2010
French will not revoked by later Australian wills and in particular deceased'swill of 11 February 2007. DECISION : Leave granted under s 29A(3) of Wills Probate and Administration Act 1898. Rectification of deceased's will of 11 February 2007 granted by deleting the words "in Australia" from the residuary clause.
CATCHWORDS : Revocation of French will by later Australian wills not intended - intention of deceased to dispose of the whole of his estate including his residuary estate - sufficient cause shown for failure to make application for rectification within 18 months after death of deceased testator - rectification of will granted to reflect deceased's intention
LEGISLATION CITED : Wills Probate and Administration Act 1898 (NSW)
CATEGORY : Principal judgment
Re Barker [1995) 2 VR 439 Estate of Cross, Deceased (NSWSC, unreported, 9 May 1996) Re Page (1969) 1 NSWR 47 CASES CITED : Mortensen & Eassie v State of New South Wales (unreported, NSW Court of Appeal 12 December 1991) Rawack v Spicer [2002] NSWSC 849 Schneider & Anor v Sydney Jewish Museum Inc & Anor [2008] NSWSC 1331 Spooner & Anor: Estate JJ Davis (NSWSC, Hodgson J, 28 July 1995 – BC 9505381)
PARTIES : Joan Fawcett (Plaintiff) Susanne Ursula Crompton (Defendant/ Cross Claimant)
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