NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Colegrove v Dullaghan [2016] NSWSC 1105 Hearing dates: 25 – 26 July 2016 Date of orders: 12 August 2016 Decision date: 12 August 2016 Jurisdiction: Equity Before: Robb J Decision: See pars 106 and 107 Catchwords: WILLS, PROBATE AND ADMINISTRATION – testamentary instruments – deceased left behind a 1989 will and a 2010 informal document – informal document witnessed by only one witness – whether the informal document purports to state the deceased's testamentary intentions in accordance with the Succession Act 2006 (NSW), s 8 – consideration of circumstances in which the document was executed – held deceased and beneficiary had a very close relationship – held plaintiff and her witnesses were credible witnesses – held the informal document is a valid will and testament of the deceased – letter of administration granted to the plaintiff Legislation Cited: Succession Act 2006 (NSW) Wills Probate and Administration Act 1898 (NSW) Cases Cited: Application of Brown, Estate of Springfield (1991) 23 NSWLR 535 Newman v Brinkgreve; Estate of Verzijden [2013] NSWSC 371 Tobin v Ezekiel [2012] NSWCA 285; (2012) 83 NSWLR 757 Category: Principal judgment Parties: Jennifer Anne Colegrove (plaintiff) Toula Dullaghan (defendant) Representation: Counsel: L Ellison SC/B Narula (plaintiff) S Bell (defendant)
Solicitors: Hilton King Lawyers (plaintiff) Websters Solicitors (defendant) File Number(s): 2015/276114 Publication restriction: None
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