Campton v Hedges [2016] NSWSC 201

Supreme Court New South Wales

Medium Neutral Citation: Campton v Hedges [2016] NSWSC 201 Hearing dates: 3 March 2016 Date of orders: 14 March 2016 Decision date: 14 March 2016 Before: Hallen J Decision: The Court: (a) Declares that it is satisfied that the altered Will, being Ex. B in these proceedings, purports to state the testamentary intentions of the deceased, and that it has not been executed in accordance with Part 2.1 of the Succession Act 2006. (b) Declares that it is satisfied that the altered Will forms the Will of the deceased and that the deceased intended it to form his Will. (c) Declares that it is satisfied that the altered Will forms a full revocation of the typewritten Will, a copy of which is Ex. A in the proceedings, and that the deceased intended it to be a full revocation of the typewritten Will. (d) Orders, subject to compliance with the rules of Court, that Probate in solemn form of the altered Will, be granted to the Plaintiffs. (e) Orders that the matter be remitted to the Deputy Registrar in Probate to complete the grant. (f) Orders that the administration bond be dispensed with. (g) Orders that the Plaintiffs' costs, calculated on the indemnity basis, of the proceedings be paid out of the estate of the deceased. (h) Makes no order as to the Defendant's costs to the intent that she will bear her own costs of the proceedings. (i) Orders that the exhibits be retained. Catchwords: SUCCESSION - informal testamentary document - no dispute that altered Will not executed in accordance with s 6 Succession Act 2006 - No dispute that the altered Will purports to state the testamentary intentions of a deceased - Deceased familiar with the formal requirements for the making of a valid will - Whether Court satisfied that the deceased intended the altered Will to form a Will - No dispute that if Court not satisfied there should be grant of Probate of typewritten Will - Sufficient evidence for the Court to dispense with the usual requirements for the execution of a valid will under s 8(2) of the Succession Act - Probate granted of altered Will Legislation Cited: Evidence Act 1995 (NSW) Interpretation Act 1987 (NSW) Succession Act 2006 (NSW) Supreme Court Rules 1970 (NSW) Cases Cited: Belcastro v Belcastro [2004] WASC 111 Costa v the Public Trustee of NSW [2008] NSWCA 223 Fast v Rockman [2013] VSC 18 In the Estate of Kiepas (Deceased); Twemlow v Kiepas [2004] NSWSC 452 In the Estate of Knibbs, Deceased; Flay v Trueman [1962] 2 All ER 829; [1962] 1 WLR 852 In the Estate of Margaret, Deceased [2012] NSWSC 1490 In the Estate of Masters (Deceased); Hill v Plummer (1994) 33 NSWLR 446 In the Estate of O'Dell [2010] NSWSC 678 In the Estate of Stewart (NSWSC, 12 April 1996, unreported) Lindsay v McGrath [2015] QCA 206 Marley v Rawlings [2012] EWCA Civ 61; [2013] 2 WLR 205 Masters v Cameron [1954] HCA 72; (1954) 91 CLR 353 Public Trustee v Commins; The Estate of Gwendolyn Myrtle Wray (NSWSC, 19 June 1992) Re Estate of Peter Brock [2007] VSC 415; (2007) 1 ASTLR 127 Re Nicholls [1996] 1 Qd R 179 Romano v Romano [2003] NSWSC 436 Romascu v Manolache (No 2) [2012] NSWSC 87 Russell v Scott (1936) 55 CLR 440 Snape v Gibson; Re Estate of Paul Francis Snape [2006] NSWSC 829 Spencer v Spencer [2009] WASC 198 The Estate of Kevin John Hines v Hines [1999] WASC 111 The Estate of Silady (NSWSC, 21 November 1994, unreported) Wood v Smith [1993] Ch. 90 (C.A.) Yazbek v Yazbek [2012] NSWSC 594 Texts Cited: Shorter Oxford English Dictionary (6th ed 2007, Oxford University Press) Category: Principal judgment Parties: Samantha Vera Campton (first Plaintiff) Grahame Ross Hedges (second Plaintiff) Vicki Leone Hedges (Defendant) Representation: Counsel: Mr B J Skinner (Plaintiffs) Mr G Rich (Defendant)