Re Estate of Wai Fun CHAN, Deceased [2015] NSWSC 1107

Supreme Court New South Wales

Medium Neutral Citation: Re Estate of Wai Fun CHAN, Deceased [2015] NSWSC 1107 Hearing dates: - Date of orders: 07 August 2015 Decision date: 07 August 2015 Jurisdiction: Equity Division - Probate List Before: Lindsay J (in chambers) Decision: 1. Orders for a video will to be admitted to probate pursuant to the Succession Act 2006 NSW, section 8.

2. Declaration, pursuant to section 10(3)(c) of the Act, that the testatrix knew and approved of, and freely and voluntarily made, a disposition in favour of a person who witnessed and assisted the making of the video-will. Catchwords: SUCCESSION – Making of a will – Informal will - DVD recording intended to be codicil to a will – Meaning of "document" – Succession Act 2006 NSW, s3(1) - Interpretation Act 1987 NSW, s21

SUCCESSION – Wills and codicils – Making of a valid will – Formalities for making will –Interested witness attesting will – Effect – Succession Act 2006 NSW, s10 Legislation Cited: Interpretation Act 1987 NSW Succession Act 2006 NSW Cases Cited: Bates v Messner (1967) 67 SR (NSW) 187 at 189 and 191-192 Calverley v Green (1984) 155 CLR 242 at 264 Cassie v Koumans; Estate of Cassie [2007] NSWSC 481 at [9] Estate of Currie [2015] NSWSC 1098 at [35] In the Estate of Bravda, Deceased [1967] 1 WLR 1080 at 1082H-1083 In the Estate of Masters (Deceased); Hill v Plummer (1994) 33 NSWLR 446 at 455E-G In the Estate of Wilden (Deceased) [2015] SASR 9 at [10]-[12] In the Goods of Loveday [1900] P 154 at 156 In the Goods of Thomas Brightman Sharman (1869) LR 1 PD 661 at 663 In the Will of James Ernest Elms [1964-5] NSWR 286 at 288 In the Will of Mary Anne Greenfield (1922) 22 SR (NSW) 478; 39 WN (NSW) 140 Mellino v Wnuk [2013] QSC 336 Osborne v Smith (1960) 105 CLR 153 at 158-159 Treacy v Edwards; Estate of Edwards (2000) 49 NSWLR 739 at 743[20] – 746[31] Woodley-Page v Symons (1987) 217 ALR 25 at 35 Texts Cited: NSW LRC 85 Uniform Succession Laws: The Law of Wills (1998), para 3.12, April 1998 QLRC Miscellaneous Paper 29 LRC 85, paragraphs 3.33-3.36. Category: Principal judgment Parties: Debora Kam Ping Lee (First Plaintiff) Kam Yee Lee (Second Plaintiff) Representation: Solicitors: Needs Chan & Monahan File Number(s): 2012/00269629