Bolger & Anor v McDermott & Anor [2013] NSWSC 919

Supreme Court New South Wales

Medium Neutral Citation: Bolger & Anor v McDermott & Anor [2013] NSWSC 919 Hearing dates: 25-28 February, 13-14 March 2013 Decision date: 11 July 2013 Jurisdiction: Equity Division Before: Hallen J Decision: Orders that: (a) The Plaintiff's amended Statement of Claim is dismissed. (b) Probate in solemn form of the deceased's Will and the Codicil, each made on 18 September 2008 is granted to the Defendants. (c) The matter is remitted to the Registrar to complete the grant. (d) The Summons by the Plaintiff seeking a family provision order is dismissed. (e) The Cross-Summons by each of the Defendants seeking a family provision order is dismissed. (f) The matter is stood over to a mutually convenient date for any argument on costs if the parties are unable to agree. Catchwords: ADMINISTRATION AND PROBATE - Plaintiff advances, in the alternative, two informal testamentary documents as the last Will of the deceased - Issue whether these are the documents of the deceased - Neither document disclosed until many months after the death of the deceased - Forensic document examination by single expert of the documents relied upon by the Plaintiff - Plaintiff gives version of events not previously given - Allegation of forgery by Plaintiff not pleaded by the Defendants - Court not satisfied that either document is a document of the deceased or that the deceased intended either to form his Will, or an alteration to his Will, or a full or partial revocation of his Will - Grant of Probate in solemn form of Will and Codicil duly executed.