McNamara v Nagel [2017] NSWSC 91

Supreme Court New South Wales

Medium Neutral Citation: McNamara v Nagel [2017] NSWSC 91 Hearing dates: 15-18 February 2016, 25 October 2016 Decision date: 17 February 2017 Jurisdiction: Equity Before: Robb J Decision: (1) An order will be made for a grant of probate in solemn form to the plaintiff of the will of Rona Winifred Nagel made on 8 June 2012, with appropriate consequential orders

(2) The plaintiff is directed to bring in short minutes of order to give effect to these reasons after consultation with the defendants Catchwords: SUCCESSION – Probate and letters of administration – Application for grant of probate in solemn form – Application made by executor named in will made fifteen days before death of the deceased – Application opposed and cross claim brought by executor and beneficiary of will made fifteen years earlier – Whether deceased had testamentary capacity to make second will – Whether deceased knew and approved of terms of second will Legislation Cited: Succession Act 2006 (NSW) Ch 3 Cases Cited: A v N [2012] NSWSC 354 Banks v Goodfellow (1870) 5 QB 549 Beverley v Watson [1995] ANZ ConvR 369 Brown v McEnroe (1890) 11 NSWR Eq 134 Church v Mason [2013] NSWCA 481 Estate of George Aeneas Mcdonald; Howard v The Sydney Children's Hospital Network (Randwick & Westmead) [2015] NSWSC 1610 Estate of Park (1954) P 112 Gibbons v Wright (1954) 91 CLR 423 Hobhouse v Macarthur-Onslow [2016] NSWSC 1831 King v Hudson [2009] NSWSC 1013 Petrovski v Nasev; Estate of Janakievska [2011] NSWSC 1275 Re Estate of Griffith; Easter v Griffith (1995) 217 ALR 284 Re estate of Stanley William Church [2012] NSWSC 1489 Re Estate of Tsilfidis; Stavrakakis v Tsilfidis [2015] NSWSC 1720 Re Hodges; Shorter v Hodges (1988) 14 NSWLR 698 Shorten v Shorten (No 2) [2003] NSWCA 60 Tobin v Ezekiel (2012) 83 NSWLR 757; [2012] NSWCA 285 Category: Principal judgment Parties: Kylie Anne McNamara (plaintiff and cross defendant) Alan Robert Nagel (first defendant and first cross claimant) Gae Lorraine Costa (second defendant and second cross claimant) Representation: Counsel: C Wilson (plaintiff and cross defendant) AL Hill (defendants and cross claimants)