In the Estate of Margaret, deceased [2012] NSWSC 1490

Supreme Court New South Wales

Medium Neutral Citation: In the Estate of Margaret, deceased [2012] NSWSC 1490 Hearing dates: 16 August 2012 Decision date: 06 December 2012 Jurisdiction: Equity Division - Probate List Before: White J Decision: Refer to paras [59]-[62] of judgment. Catchwords: WILLS, PROBATE AND ADMINISTRATION - deceased made handwritten alterations to copy of will - whether deceased intended alterations to form her will FAMILY PROVISION - application for further provision by daughter of deceased - competing claims of grandchildren - COSTS - usual rule not applied in circumstances - no order as to costs of unsuccessful applicant Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Succession Act 2006 (NSW) Cases Cited: Hatsatouris v Hatsatouris [2001] NSWCA 408 Bell v Crewes [2011] NSWSC 1159; (2011) 5 ASTLR 298 Fry v Lukas [2011] NSWSC 1329 Singer v Berghouse (No. 2) (1994) 181 CLR 201 Hastings v Hastings [2010] NSWCA 197 Carey v Robson (No. 2) [2009] NSWSC 1199 Singer v Berghouse (1993) 114 ALR 521 Category: Principal judgment Parties: [Parties' names anonymised] Catherine (Plaintiff in 2011/78629 and Defendant in 2011/341980) Mathew (2nd Plaintiff in 2011/78629 and 2nd Defendant in 2011/341980) Louise (1st Defendant in 2011/78629 and Plaintiff in 2011/341980) Alistair (2nd Defendant) Chris (3rd Defendant) Duane (4th Defendant) Clara (5th Defendant) Representation: Counsel: V R Gray (Executors) L Ellison SC with P Wallis (Louise) Solicitors: McCoy Grove & Atkinson (Executors) Garland Hawthorn Brahe (Louise) File Number(s): 2011/78629; 2011/341980