NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Estate Yee [2015] NSWSC 1574 Hearing dates: 19 October 2015 Date of orders: 19 October 2015 Decision date: 19 October 2015 Jurisdiction: Equity - Probate List Before: Lindsay J Decision: A layman's handwritten "will" admitted to probate with, and as a codicil to, an earlier professionally prepared, typed will Catchwords: SUCCESSION – Probate and letters of administration – Grants of probate and letters of administration –Construction and effect of testamentary dispositions – Ascertainment of testator's intention – Layman's will predicated on prior professionally drafted will – Effect of revocation clause in layman's will – Layman's will intended to operate as codicil to professionally drafted will – Testator's intention given effect Legislation Cited: Succession Act 2006 NSW Cases Cited: Estate Kouvakas; Lucas v Konakas [2014] NSWSC 786 at [236]-[283] Fawcett v Crompton [2010] NSWSC 219 at [23]-[26] Fell v Fell (1922) 31 CLR 268 at 273-276 In the Will of Page [1969] 1 NSWR 471 at 474-475 and 477; (1969) 90 WN (NSW) (PT1) 6 at 10-11 and 14 Osborne v Smith (1960) 105 CLR 153 at 158-159 Re Barker [1995] 2 VR 439 at 445-448 Schneider v Sydney Jewish Museum Inc [2008] NSWSC 1331 at [106]-[110] Singh v Singh [2008] NSWSC 715 at [31]-[35] Texts Cited: - Category: Principal judgment Parties: First Plaintiff: Mary Chebbo Second Plaintiff: George Yee Defendant: Darunee Jarat Representation: Counsel:
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