Re Will of Jane [2011] NSWSC 624

Supreme Court New South Wales

Medium Neutral Citation: Re Will of Jane [2011] NSWSC 624 Hearing dates: 22 June 2011 Decision date: 20 July 2011 Jurisdiction: Equity Division - Probate List Before: Hallen AsJ Decision: (a) Leave under s 19(1) of the Succession Act 2006 to make the application for the order, as well as for the alternative order for a statutory will is refused. (b) Order that the Summons be dismissed. (c) Stand the proceedings over to a date to be agreed for argument, if any, as to costs. Catchwords: Application by Plaintiff for the making of a statutory will for the first Defendant under s 18 and for leave under s 19(1) of the Succession Act 2006 - NSW Trustee & Guardian appointed to represent first Defendant - Plaintiff, second and third Defendants are children of first Defendant - All Defendants oppose Plaintiff's application Legislation Cited: Family Provision Act 1982 Guardianship Act 1987 NSW Trustee and Guardian Act 2009 Succession Act 2006 Cases Cited: AB v CB [2009] NSWSC 680 Bank of Scotland v Bennett [1997] 1 Fam Law R 801 Banks v Goodfellow (1870) LR 5 QB 549 Crawley, Re the Estate of [2010] NSWSC 618 Department of Agriculture and Rural Affairs v Binnie [1989] VR 836 Fenwick, Re (2009) 76 NSWLR 22 Jeavons v Chapman (No 2) [2009] SASC 3 Johnson v NSW Guardianship Tribunal [2009] NSWSC 664 Johnson v Smith [2010] NSWSC 125 Kelso, Application by Peter Leslie [2010] NSWSC 357 Nock v Austin (1918) 25 CLR 519 Sharp v Adam [2006] EWCA 449; [2006] WTLR 1059 Sportsbet Pty Ltd v NSW (No 9) [2010] FCA 31 Texts Cited: Shorter Oxford English Dictionary Wills and Intestacy in Australia and New Zealand", Hardingham, Neave and Ford (2nd Ed) Category: Principal judgment Parties: Plaintiff "Jane" (first Defendant) second Defendant third Defendant Representation: Counsel: Plaintiff appeared in person Mr L Ellison SC (first Defendant) Second Defendant appeared in person Third Defendant appeared in person Solicitors: Plaintiff appeared in person NSW Trustee & Guardian (first Defendant) Second Defendant appeared in person Third Defendant appeared in person File Number(s): 2010/381344