Bechara v Bechara [2016] NSWSC 513

Supreme Court New South Wales

Medium Neutral Citation: Bechara v Bechara [2016] NSWSC 513 Hearing dates: 29 and 30 March 2016 Date of orders: 28 April 2016 Decision date: 28 April 2016 Jurisdiction: Equity Before: Hallen J Decision: The Court: (a) Declares that it is satisfied that the 2012 document, 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 not satisfied that the 2012 document forms the Will of the deceased and that the deceased intended it to form his Will. (c) Declares that it is not satisfied that the 2012 document forms an alteration to the Will of the deceased, and that the deceased intended it to form an alteration to his Will. (d) Declares that it is not satisfied that the 2012 document forms a full, or partial, revocation of the 1999 Will, and that the deceased intended it to be a full or partial revocation of the 1999 Will. (e) Orders that the oral application to amend the Statement of Claim be refused. (f) Orders that the Statement of Claim be dismissed. (g) Declares that the Probate granted by the Court on 26 September 2014, in respect of the Will of Michael Bechara be taken to be a grant in solemn form. (h) Stands over to a mutually convenient date any argument on the question of costs. (i) Orders that the Exhibits should be dealt with in accordance with the Uniform Civil Procedure Rules 2005. Catchwords: SUCCESSION - informal testamentary document - no dispute that 2012 document not executed in accordance with s 6 Succession Act 2006 - Dispute that the 2012 document purports to state the testamentary intentions of a deceased - Whether Court satisfied that the deceased intended the 2012 document to form a Will, an alteration of a Will or a full or partial revocation of a Will – Court not satisfied. Legislation Cited: Civil Procedure Act 2005 (NSW) Evidence Act 1995 (Cth) Interpretation Act 1987 (NSW) Oaths Act 1900 (NSW) Succession Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Application of Kencalo; In the Estate of Buharoff (Supreme Court of New South Wales, Powell J, 23 October 1991, unrep) Belcastro v Belcastro [2004] WASC 111 Bell v Crewes [2011] NSWSC 1159 Campton v Hedges [2016] NSWSC 201 Commonwealth v Verwayen (1990) 170 CLR 394 Deeks v Greenwood [2011] WASC 359 Estate Cockell; Cole v Paisley [2016] NSWSC 349 Estate Kouvakas; Lucas v Konakas [2014] NSWSC 786 Estate Moran; Teasel v Hooke [2014] NSWSC 1839 Estate of Laura Angius; Angius v Angius [2013] NSWSC 1895 Estate of von Skala [2012] NSWSC 872 Fast v Rockman [2013] VSC 18 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, Cohen J) In the Estate of the Late Ronald Robert Irvine; Evans v Gibbs [2015] NSWSC 432 In the Estate of Williams (1984) 36 SASR 423 Jabado v Da Prato [2016] WASC 98 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 National Australia Trustees Ltd v Fazey; Estate of Lees [2011] NSWSC 559 Newman v Brinkgreve; the Estate of Floris Verzijden [2013] NSWSC 371 Nominal Defendant v Saleh [2011] NSWCA 16 Public Trustee v Commins; The Estate of Gwendolyn Myrtle Wray (NSWSC, 19 June 1992) Re Application of Brown; Estate of Springfield (1991) 23 NSWLR 535 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 Russell v Scott (1936) 55 CLR 440 Seymour v Australian Broadcasting Commission (1977) 19 NSWLR 219 Snape v Gibson; Re Estate of Paul Francis Snape [2006] NSWSC 829 Swain v Waverley Municipal Council [2005] HCA 4; (2005) 220 CLR 517 The Estate of Kevin John Hines v Hines [1999] WASC 111 The Estate of Silady (NSWSC, 21 November 1994, unreported) Warner v Hung, in the matter of Bellpac Pty Ltd (Receivers and Managers Appointed) (In Liquidation) (No 2) [2011] FCA 1123; (2011) 297 ALR 56 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: Melhem Bechara (first Plaintiff) Issa Bechara (second Plaintiff) George Bechara (third Plaintiff) Hassna Bechara (fourth Plaintiff) Marcelle Farah (fifth Plaintiff) Jackie Abou Sleiman (sixth Plaintiff) Bechara Bechara (seventh Plaintiff) Mary Rose Abou Arraje (eighth Plaintiff) Baddoui Bechara (first Defendant) Joseph Bechara (second Defendant) Victor Bechara (third Defendant) Representation: Counsel: Mr A Ahmad (Plaintiffs) Mr L Ellison SC (Defendants)