Newman v Brinkgreve; The Estate of Floris Verzijden [2013] NSWSC 371

Supreme Court New South Wales

Medium Neutral Citation: Newman v Brinkgreve; The Estate of Floris Verzijden [2013] NSWSC 371 Hearing dates: 2 April 2013 Decision date: 18 April 2013 Jurisdiction: Equity Division Before: Hallen J Decision: (a) Declare that the Court is satisfied that the 2011 document purports to state the testamentary intentions of the deceased, and that it has not been executed in accordance with Part 2.1 of the Succession Act 2006. (b) Declare that the Court is satisfied that the 2011 document forms an alteration to the deceased's 2004 Will and that the deceased intended it to form an alteration to that Will. (c) Order, subject to compliance with the rules of Court, Probate in solemn form of the 2004 Will and the 2011 document be granted to the Plaintiff. (d) Order that the matter be remitted to the Registrar to complete the grant. (e) Submissions on costs are to be made following the delivery of reasons for judgment and the issue of costs shall then be determined. Catchwords: WILLS, PROBATE AND ADMINISTRATION - informal testamentary document - whether the document purports to state the deceased's testamentary intentions - no dispute that document not executed in accordance with s 6 Succession Act 2006 - Deceased familiar with the formal requirements for the making of a valid will -whether Court satisfied that the deceased intended document to form an amendment to his duly executed Will - Consideration of circumstances in which the document was executed Legislation Cited: Births, Deaths and Marriages Act 1995 Evidence Act 1995 Interpretation Act 1987 Succession Act 2006 Supreme Court Rules 1970 Cases Cited: Belcastro v Belcastro [2004] WASC 111 Dolan v Dolan [2007] WASC 249 England, In the Will of (1900) 22 ALT 86 Estate of Kevin John Hines v Hines [1999] WASC 111 Estate of Kiepas (Dec'd) [2004] NSWSC 452 Estate of Knibbs, deceased [1962] 1 WLR 852 Estate of Margaret Deceased [2012] NSWSC 1490 Estate of Masters (decd) (1994) 33 NSWLR 446 Estate of Paul Francis Snape [2006] NSWSC 829 Estate of Peter Geoffrey Brock [2007] VSC 415; (2007) 1 ASTLR 127 Estate of Puruto [2012] NSWSC 827 Estate of Silady (NSWSC, 21 November 1994, unreported) Estate of Springfield (1991) 23 NSWLR 535 Estate of Stewart (unreported decision, Cohen J 12 April, 1996) Estate of Williams Deceased (1984) 36 SASR 423 Fry v Lukas; Brown v Fry; Estate of Honey; Application of Fry [2011] NSWSC 1329 Hatsatouris v Hatsatouris [2001] NSWCA 408 In the Matter of Broad; Smith v Draeger [1901] 2 Ch 86 In the Matter of Gloria May Limpus Deceased [2013] QSC 66 In the Matter of Levy [1953] VLR 652 In the Matter of Nicholls (1996) 1 Qd R 179 In re Munn [1943] SASR 304 Jolley v Jarvis [1964] P 262 Kalamunda Meat Wholesalers Pty Ltd v Reg Russell & Sons Pty Ltd [1994] FCA 1059 Kuhl v Liebcheschel [1933] SASR 394 Marley v Rawlings [2012] EWCA Civ 61; [2013] 2 WLR 205 National Australia Trustees Ltd v Fazey [2011] NSWSC 559 NSW Trustee and Guardian v Halsey; Estate of Von Skala [2012] NSWSC 872 Masters v Cameron [1954] 91 CLR 353 Oakes v Uzzell [1932] P 19 Palin v Ponting [1930] P 185 Public Trustee v Commins (NSWSC, 19 June 1992, unreported) Romano v Romano [2003] NSWSC 436 Tobin v Ezekiel [2012] NSWCA 285 Tsagouris v Belliars [2010] SASC 147 Whyte v Pollok (1882) AC 400 Wood v Smith [1993] Ch. 90 (CA) Yazbek v Yazbek [2012] NSWSC 594 Verzar v Verzar [2012] NSWSC 1380 Category: Principal judgment Parties: John Newman (Plaintiff) Gerda Brinkgreve (Defendant) File Number(s): 2012/119541