Suzanne Margaret Lawrence v Australian War Memorial [2014] NSWSC 757

Supreme Court New South Wales

Medium Neutral Citation: Suzanne Margaret Lawrence v Australian War Memorial [2014] NSWSC 757 Hearing dates: 3 March 2014 Decision date: 10 June 2014 Jurisdiction: Equity Division Before: Young AJA Decision: Probate of 2009 Will granted. Costs of all parties to the proceedings to be paid out of the deceased estate. Catchwords: SUCCESSION - deceased's duly executed last will was lost - whether lost will should be treated as destroyed and revoked - whether deceased therefore died intestate - whether probate of final will should be granted on terms identical to those recorded in the carbon copy of the will found amongst the deceased's possessions - doctrine of dependant relative revocation - whether doctrine has been excluded by Succession Act 2006 s 8(2) and s 15(1) - whether revocation of earlier duly executed will was conditional on replacement by a later operative will - whether earlier will can revived under the doctrine. Legislation Cited: Succession Act 2006 (NSW), s 8(2)(c), s10 (3)(c), s 15(1) Cases Cited: Adams v Southerden [1925] P 177 Allan v Morrison [1900] AC 604 Matter of Estate of Ausley 818 P.2d 1226 Baird v Huang; Estate of Robin Sydney Williams [2001] NSWSC 409 Cahill v Rhodes [2002] NSWSC 561 Cassie v Koumans [2007] NSWSC 481 Curley v Duff [1985) 2 NSWLR 716 In re Jones (Deceased) [1976] Ch 200 Re Ralston, Supreme Court of NSW, 12 September 1996, unreported Sheen v Sheen [2005] 6 WWR 627 Sugden v Lord St Leonards (1876) LR 1 PD 154 Tracey v Edwards (2000) 49 NSWLR 739 Texts Cited: FC Hutley, Dependant Relative Revocation and mistake" (1948) 22 ALJ 259 G L Certoma, "The Law of Succession in New South Wales" 4th ed 2010 Category: Principal judgment Parties: Suzanne Margaret Lawrence (plaintiff) Australian War Memorial (defendant) Representation: Counsel: Mr Ellison (plaintiffs) Mr Stretton (third defendants) Solicitors: Bartier Perry (plaintiffs) Hunter Flood (third defendants) File Number(s): 2012/255756 Publication restriction: None