Estate Moran; Teasel v Hooke [2014] NSWSC 1839

Supreme Court New South Wales

Medium Neutral Citation: Estate Moran; Teasel v Hooke [2014] NSWSC 1839 Hearing dates: 29 September 2014 and written submissions Decision date: 19 December 2014 Jurisdiction: Equity Division - Probate List Before: Lindsay J Decision: Declaration and Orders for an informal Will to be admitted to probate, with directions for case management of further proceedings. Catchwords: SUCCESSION - Wills, Probate and Administration - Making of a will - Execution - Informal document intended to be will - Disputed document written by hand in notebook - Deceased had no other known wills - No dispute that document was prepared by deceased - Whether document was intended to be will - Deceased signed document at the top and tail of each page other than last - Testamentary intention clear from the language of document - Extrinsic evidence consistent with document - Disputed document admitted to probate Legislation Cited: Succession Act 2006 NSW Wills, Probate and Administration Act 1898 NSW Cases Cited: Burge v Burge [2014] NSWSC 1772 at [6]-[11] Estate of Laura Angius; Angius v Angius [2013] NSWSC 1895 at [243] Hatsatouris v Hatsatouris [2001] NSWCA 408 at [56] (c) In the Estate of Masters (Deceased); Hill v Plummer (1994) 33 NSWLR 446 at 451G-452B, 454G-455G and 462B-C Permanent Trustee Co Limited v Milton (1995) 39 NSWLR 330 at 335 D-E) Yazbek v Yazbek [2012] NSWSC 594 at [243]-[78] Texts Cited: - Category: Principal judgment Parties: Plaintiff/Cross Defendant: Jessica Leigh Teasel Defendant/Cross Claimant: Alistair-John Mark Hooke Representation: Counsel: Plaintiff/Cross Defendant: J McIntosh Defendant/Cross Claimant: L Ellison SC and JEF Brown