Currell v Baldock; Estate of Currell [2012] NSWSC 705

Supreme Court New South Wales

Medium Neutral Citation: Currell v Baldock; Estate of Currell [2012] NSWSC 705 Hearing dates: 6 June 2012 Decision date: 06 June 2012 Jurisdiction: Equity Division - Probate List Before: White J Decision: Refer to para [89] of judgment. Catchwords: WILLS, PROBATE AND ADMINISTRATION - wills - construction of a will - whether deceased intended for document, without more, to operate as her will - whether deceased understood requirements of Succession Act 2006, s 8 - effect of informal alterations to wills - whether inference as to intention of deceased affected by absence of any initialling or authentication of informal amendments - held deceased intended latest testamentary instrument to form will

WILLS, PROBATE AND ADMINISTRATION - wills - grant of probate - where multiple informal documents written in hand of deceased - no revocation clause in later will - later wills prevail over earlier ones to extent of any inconsistencies - consideration of extent to which prior wills have been revoked - probate granted of will of deceased comprising of two instruments

WILLS, PROBATE AND ADMINISTRATION - wills - construction of will - whether words of gift or statement of intention - question as to the nature of the gift made - words of will conferring right of residence - gift as conferring only a conditional right of residence Legislation Cited: Succession Act 2006 Wills, Probate and Administration Act 1898 Cases Cited: Hatsatouris v Hatsatouris [2001] NSWCA 408 In the Estate of Masters (decd); Hill v Plummer (1994) 33 NSWLR 446 Bell v Crewes [2011] NSWSC 1159 Estate of Francis Collins [2000] NSWSC 407 Perrin v Morgan [1943] AC 399 White v Arizon Pty Ltd [2003] NSWSC 1051 Stevenson v Myers (1929) 47 WN (NSW) 94 Texts Cited: Geddes, Rowland and Studdert, Wills, Probate and Administration Law in New South Wales Category: Principal judgment Parties: Tanya Lee Currell (1st Plaintiff) Elizabeth Jean Thompson (2nd Plaintiff) Lynette Fae Baldock (1st Defendant) Joy Maree de Martini (2nd Defendant) Debra Anne Phipps (3rd Defendant) Representation: Counsel: D V Robinson (Plaintiffs) D L Warren (Defendants) Solicitors: Lyons Barnett Kennedy (Plaintiffs) Newman & Pengilly (Defendants) File Number(s): 2011/415782