NSW Trustee and Guardian; Estate of Halas Halas v NSW Trustee and Guardian [2012] NSWSC 1107

Supreme Court New South Wales

Medium Neutral Citation: NSW Trustee and Guardian; Estate of Halas Halas v NSW Trustee and Guardian [2012] NSWSC 1107 Hearing dates: Friday, 31 August 2012 Decision date: 31 August 2012 Jurisdiction: Equity Division - Probate List Before: White J Decision: Refer to paras [12] and [13] of judgment. Catchwords: WILLS, PROBATE AND ADMINISTRATION - application for declaration that informal document constitutes will of deceased, Wills, Probate and Administration Act 1898 (NSW), s18A - where handwritten document clearly purports to embody the testamentary intentions of deceased - clear from face of document that deceased intended document to constitute will

PRACTICE AND PROCEDURE - requirement for notice of an application for a grant in relation to an estate be given to affected persons - Supreme Court Rules 1970, Part 78, r 34E - application for order dispensing with requirement for service of the application on any son of the deceased - where identity of son referred to in handwritten will unknown - where no evidence as to where the person might be living if he was born and still alive - order dispensing with requirement for notice to affected persons would not preclude any such person seeking to require sole beneficiary to account for estate distributed to her Legislation Cited: Wills, Probate and Administration Act 1898 Succession Act 2006 Category: Principal judgment Parties: NSW Trustee & Guardian (Plaintiff 2012/163660) Maria Halas (Plaintiff 2012/291791) Representation: Counsel: A Hill (NSW Trustee & Guardian) V Hartstein (Maria Halas) Solicitors: File Number(s): 2012/163660 2012/291791