Estate of Daly [2012] NSWSC 555

Supreme Court New South Wales

Medium Neutral Citation: Estate of Daly [2012] NSWSC 555 Hearing dates: In chambers Decision date: 25 May 2012 Jurisdiction: Equity Division - Probate List Before: White J Decision: Refer to para [28] of judgment. Catchwords: WILLS, PROBATE AND ADMINISTRATION - mirror wills prepared for and executed by husband and wife - signatures of both duly witnessed - by mistake husband and wife signed will prepared for the other - probate sought of wife's will - whether rectification by omitting signature of husband - whether order should be made for rectification of document signed by deceased - Succession Act 2006, s 27

WILLS, PROBATE AND ADMINISTRATION - document stated testamentary intentions of the deceased but not validly executed - document admitted as an informal testamentary document pursuant to Succession Act 2006, s 8 - no order for rectification Legislation Cited: Succession Act 2006 Wills, Probate and Administration Act 1898 Wills Act 1936 (SA) Cases Cited: In the Estate of Gillespie (Supreme Court of New South Wales, Powell J, 25 October 1991, unreported) Public Trustee v Estate of Smith (Supreme Court of New South Wales, Hodgson J, 5 November 1993, unreported) Estate of Hennekam (deceased) [2009] SASC 188; (2009) 104 SASR 289 In the Estate of Blakely (In the Estate of Williams (1984) 36 SASR 423 In the Goods of Hunt (1875) LR 3 P&D 250 In the Estate of Meyer [1908] P 353 In re Petchell (decd) (1943) 46 W.A.L.R. 62 Category: Principal judgment Parties: Michael James Daly (1st Plaintiff) Jacques Henri Daly (2nd Plaintiff) Representation: Counsel: Solicitors: Dezarnaulds Basten (Plaintiffs) File Number(s): 2011/396953