In the Estate of the late Ronald Robert Irvine; Evans v Gibbs [2015] NSWSC 432

Supreme Court New South Wales

Medium Neutral Citation: In the Estate of the late Ronald Robert Irvine; Evans v Gibbs [2015] NSWSC 432 Hearing dates: 15 April 2015 Decision date: 17 April 2015 Jurisdiction: Equity Division Before: Stevenson J Decision: Declaration and order for an informal will to be admitted to probate Catchwords: SUCCESSION – wills, probate and administration – making of will – execution – informal document intended to be will – disputed document written by hand in notebook – deceased had earlier will – no dispute document prepared by deceased – whether document intended to be a will – testamentary intention clear from language of document – extrinsic evidence consistent with document – disputed document admitted to probate Legislation Cited: Wills, Probate and Administration Act 1898 (NSW) Succession Act 2006 (NSW) Cases Cited: Estate Moran; Teasel v Hooke [2014] NSWSC 1839 Estate of Floris Verzijden; Newman v Brinkgreve [2013] NSWSC 371 Estate of Laura Angius; Angius v Angius [2013] NSWSC 1895 Estate of Masters; Hill v Plumber (1994) 33 NSWLR 446 Hatsatouris v Hatsatouris [2001] NSWCA 408 Category: Principal judgment Parties: Peter James Evans (Plaintiff) Margaret Gibbs (Defendant) Representation: Counsel: B Townsend (Plaintiff) R D Marshall (Defendant)

Solicitors: Peter Evans & Associates (Plaintiff) Patey & Murphy Solicitors (Defendant) File Number(s): SC 2013/380073