Burge v Burge [2015] NSWCA 289

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Burge v Burge [2015] NSWCA 289 Hearing dates: 10 September 2015 Decision date: 24 September 2015 Before: Macfarlan JA at [1]; Meagher JA [2]; Leeming JA at [3] Decision: 1. Appeal dismissed. 2. The parties supply any agreed order as to costs within 14 days, or, alternatively, the parties each supply orders they propose together with submissions not exceeding 5 pages in support within 14 days. Catchwords: APPEALS – leave to appeal – grant of probate – estate valued in excess of $100,000 – most of estate comprised overseas bank accounts – value of assets located within New South Wales less than $100,000 – whether leave to appeal required – by taking out probate, executrix accepted trusts in the will, including as to foreign property – leave not required

WILLS – informal testamentary document – professionally drafted will amended, signed and dated but not witnessed – primary judge not satisfied that deceased intended document to form his will – document located separately from other testamentary documents, including a validly executed will – deceased in habit of signing and dating documents which were never sent – deceased aware of requirement to witness will – appeal dismissed Legislation Cited: Succession Act 2006 (NSW), ss 8, 48 Supreme Court Act 1970 (NSW), s 101 Wills, Probate and Administration Act 1898 (NSW), s 18A Cases Cited: Burge v Burge [2014] NSWSC 1772 Burge v Burge (No 2) [2015] NSWSC 141 Costa v Public Trustee of NSW [2008] NSWCA 223 Hatsatouris v Hatsatouris [2001] NSWCA 408 In the Estate of Masters (decd) (1994) 33 NSWLR 446 Murakami v Wiryadi [2010] NSWCA 7; 218 ALR 377 Weinstock v Sarnat [2005] NSWSC 744 Category: Principal judgment Parties: Conrad Michael Burge (Appellant) Anne Belle Burge (Respondent) Representation: Counsel: M S Willmott SC, S J Chapple (Appellant) V F Kerr (Respondent)