Fry v Lukas; Brown v Fry; Estate of Honey; Application of Fry [2011] NSWSC 1329

Supreme Court New South Wales

Medium Neutral Citation: Fry v Lukas; Brown v Fry; Estate of Honey; Application of Fry [2011] NSWSC 1329 Hearing dates: Tuesday, 18 October 2011Wednesday, 19 October 2011 Decision date: 20 October 2011 Jurisdiction: Equity Division Before: White J Decision: Refer to paras [152]-[154] of judgment. Catchwords: SUCCESSION - informal will - s 8, Succession Act 2006 - unattested will written out on standard will form - whether deceased intended informal document or part of informal document to operate as his will - whether deceased subsequently formed the intention that informal document should operate as his will - where deceased handed over title deeds and original transfers of property to beneficiary named in informal will - competing considerations - held that deceased did not intend informal document to operate as his will at time it was signed or subsequently - deceased died intestate

SUCCESSION - family provision - what order for provision should be made - no question of principle Legislation Cited: Succession Act 2006 Family Provision Act 1982 Bankruptcy Act 1966 (Cth) Cases Cited: Strong v Bird [1874] LR 18 Eq 315 Application of Kencalo; In the Estate of Buharoff (Supreme Court of New South Wales, Powell J, 23 October 1991, unreported, BC9101481) In the Estate of Masters (Deceased); Hill v Plummer (1994) 33 NSWLR 446 Hatsatouris v Hatsatouris [2001] NSWCA 408 Oreski v Ikac [2008] WASCA 220 Bell v Crewes [2011] NSWSC 1159 Re Fulop (Deceased) (1987) 8 NSWLR 679 Texts Cited: Mr Justice Powell, "Recent Developments in New South Wales in the law relating to wills" (1993) 67 ALJ 25 Category: Principal judgment Parties: Christopher Edward Fry (Plaintiff/Cross-defendant 2010/370479) John Sebastian Lukas (Defendant) Glenn William Brown (Cross-claimant) Representation: A Hill with Ms M Pringle (Plaintiff) M Willmott SC with FFF Salama (Defendant) Taylor & Scott Lawyers (Plaintiff/Cross-Defendant) Beswick Solicitors (Cross-Claimant) File Number(s): 2010/370479; 2010/258577; 2010/129911