Application of Mary-Anne Lukic [2015] NSWSC 822

Supreme Court New South Wales

Medium Neutral Citation: Application of Mary-Anne Lukic [2015] NSWSC 822 Hearing dates: 29 June 2015 Date of orders: 29 June 2015 Decision date: 29 June 2015 Jurisdiction: Equity Division Before: White J Decision: 1. Order that the claim for relief in the summons be dismissed. 2. Order that there be no order as to the plaintiff's costs to the intent that she bear her costs personally and without recourse to the estate of the person described in these reasons as Hanna. Catchwords: WILLS, PROBATE AND ADMINISTRATION – application by consent for the making of a will for a person lacking testamentary capacity – where that person had previously made a will in 2011 – whether it is reasonably likely that the proposed will would have been made if the person had testamentary capacity – application dismissed, with the parties to bear their own costs Legislation Cited: Succession Act 2006 (NSW) Civil Procedure Act 2005 (NSW) Powers of Attorney Act 2003 (NSW) Cases Cited: Plunkett v Bull (1915) 19 CLR 544 Lachmi Parshad v Maharajah Narendro Kishore Singh Bahadur (1891) LR 19 Ind App 9 Re Fenwick [2009] NSWSC 530; (2009) 76 NSWLR 22 Re Will of Jane [2011] NSWSC 624 Category: Principal judgment Parties: Mary-Anne Julieanna Romaine Lukic (Plaintiff) Irene Mihopoulos (Interested Party) Representation: Counsel: J Heazlewood (Plaintiff) D J Price (Interested Party)

Solicitors: Lewarne & Goldsmith Solicitors (Plaintiff) Danny Eid Lawyers (Interested Party) File Number(s): 2014/312190