Neil Ronald Telfer as Executor for the Estate of the late Lyall Telfer v Carolyn Telfer [2013] NSWSC 412

Supreme Court New South Wales

Medium Neutral Citation: Neil Ronald Telfer as Executor for the Estate of the late Lyall Telfer v Carolyn Telfer [2013] NSWSC 412 Hearing dates: 13, 14 August 2012 Decision date: 24 April 2013 Jurisdiction: Equity Division Before: Slattery J Decision: The plaintiff has not established that the 17 February 2011 codicil was properly executed in accordance with Succession Act, s 6 - directions made in relation to remaining issues Catchwords: SUCCESSION - Wills, probate and administration - executors and administrators - testator's will made June 2010 - plaintiff propounds and defendant challenges 17 February 2011 codicil - whether the deceased executed the codicil - whether the deceased lacked testamentary capacity to make the codicil - if codicil not admitted to probate, whether, the plaintiff, named executor of the will, and who propounded the codicil, should not be executor of the will. Legislation Cited: Succession Act 2006 (NSW); Probate and Administration Act 1898 Cases Cited: Burnside v Mulgrew [2007] NSWSC 550 Jeans v Cleary [2006] NSWSC 647 Tobaji v National Australia Bank [2009] NSWSC 41; Bowler v Bowler, Supreme Court of NSW (7 June 1990) Young J. Re Hunter (1932) NZLR 911 at 929. Category: Principal judgment Parties: Plaintiff/Cross Defendant:- Neil Ronald Telfer as executor of the estate of the late Lyall Telfer Defendant/Cross Claimant:- Carolyn Telfer Representation: Counsel: Plaintiff/Cross Defendant:- M. K. Rollinson Defendant/Cross Claimant:- C. Carroll Solicitors: Plaintiff/Cross Defendant:- Benjamin Barrak, Barrak Lawyers Defendant/Cross Claimant:- Denis Williams, Whitehead Cooper Williams File Number(s): 2011/283114 Publication restriction: No