Bell v Crewes [2011] NSWSC 1159

Supreme Court New South Wales

Medium Neutral Citation: Bell v Crewes [2011] NSWSC 1159 Hearing dates: Friday, 16 September 2011 Decision date: 16 September 2011 Jurisdiction: Equity Division Before: White J Decision: Refer to paras [5 8 ] and [ 70 ] of judgment. Catchwords: SUCCESSION - informal will - s 8, Succession Act 2006 - unexecuted document in form of will - whether intended to form will of deceased - whether deceased intended document "without more" to operate as his will - where deceased gave instructions to solicitor to prepare a new will - where deceased died before executing new will - deceased intended document to operate as his will only upon its execution - probate of informal will refused

COSTS - whether unsuccessful plaintiff in probate action entitled to have costs paid out of estate Legislation Cited: Succession Act 2006 Wills, Probate and Administration Act 1898 Wills Act 1997 (Vic) Wills Act 1970 (WA) Wills Act 1837 (UK) Cases Cited: Mahlo v Hehir [2011] QSC 243 In the Estate of O'Dell [2010] NSWSC 678 The Application of Kencalo; In the Estate of Buharoff (Supreme Court of New South Wales, Powell J, 23 October 1991, unreported) Hatsatouris v Hatsatouris [2001] NSWCA 408 In The Estate of Masters (deceased); Hill v Plummer (1994) 33 NSWLR 446 Polyak Estate; Amy v Permanent Trustee [1999] NSWSC 862 Costa v The Public Trustee of NSW [2008] NSWCA 223 Oreski v Ikac [2008] WASCA 220 Estate of Peter Geoffrey Brock; Chambers v Dowker; Dowker v Chambers [2007] VSC 415 Mitchell v Mitchell [2010] WASC 174 Prucha v Standing [2011] VSC 90 Macey v Finch ([2002] NSWSC 933 Theakston v Marson [1832] Eng R 267; (1832) 4 Hagg Ecc 290; (1832) 162 ER 1452 Whiteley v Clune (No 2); the Estate of Brett Whiteley (Supreme Court of New South Wales, Powell J, 13 May 1993, unreported) Re Estate of Hodges (decd); Shorter v Hodges (1988) 14 NSWLR 698 Shorten v Shorten (No 2) [2003] NSWCA 60 Public Trustee v New South Wales Cancer Council [2002] NSWSC 220 Category: Principal judgment Parties: Dawn Lynette Bell (Plaintiff) Peter Crewes (Defendant) Representation: D Knowles (Plaintiff) G Bateman (Defendant) Bradfield & Scott Lawyers (Plaintiff) Patrick Grimes & Company (Defendant) File Number(s): 2010/314332