Re: the Estate of Iris McLaren; Mariconte v Nobarani [2015] NSWSC 667

Supreme Court New South Wales

Medium Neutral Citation: Re: the Estate of Iris McLaren; Mariconte v Nobarani [2015] NSWSC 667 Hearing dates: 20 & 21 May 2015 Date of orders: 22 May 2015 Decision date: 22 May 2015 Jurisdiction: Equity Division Before: Slattery J Decision: Probate of will granted, costs ordered against second defendant. Catchwords: WILLS, PROBATE AND ADMINISTRATION – probate - application for grant of probate in solemn form – where will executed apparently correctly and regularly – whether deceased had testamentary capacity to make will – whether deceased had requisite testamentary intention – whether deceased had knowledge and approval of the will

CIVIL PROCEDURE – litigant in person – construction of court documents where prepared by litigant in person – whether the Court should adjust the rights of the parties where litigants in person appear before it Legislation Cited: Civil Procedure Act 2005, s 56 Evidence Act 1995, s 36 Probate and Administration Act, 1898, s 61 Succession Act 2006, s 6 Supreme Court Rules 1970, Part 78 Cases Cited: D'Apice v Farrell (Supreme Court (NSW), Powell J, 15 May 1992, unrep): Hughes v Public Trustee (Court of Appeal (NSW), 19 August 1980, unrep) Malouf v Malouf [2006] NSWCA 83 Minogue v Human Rights & Equal Opportunity Commission (1999) 166 ALR 129 Timbury v Coffee (1941) 66 CLR 277 Category: Principal judgment Parties: Plaintiff: Teresa Anne Mariconte First Defendant: Animal Welfare League, NSW Second Defendant: Homayoun Nobarani Representation: Counsel: Plaintiff: J.E. Maconachie QC; C.K. Hickey