Ballas v Balis [2017] NSWSC 1434

Supreme Court New South Wales

Medium Neutral Citation: Ballas v Balis [2017] NSWSC 1434 Hearing dates: 19 October 2017 Date of orders: 19 October 2017 Decision date: 19 October 2017 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Order pursuant to s 8 of the Succession Act 2006 NSW that the document dated 6 April 2014, and lodged with the Court in conjunction with a translation made by Niki Baras and dated 11 December 2016 (the Will), be admitted to probate, in solemn form, as the Will of the late George Bistolaridis (the Deceased), who died on 26 November 2016. 2. Declare that, upon the proper construction of the Will, Steven Ballas is appointed as executor of the estate of Deceased. 3. Order that probate of the Will be granted to the Plaintiff. 4. Order that the proceedings be remitted to the Registrar in Probate to complete the grant. 5. Order that the costs of the proceedings be paid out of the estate of the Deceased on the indemnity basis. Catchwords: SUCCESSION – Wills, probate and administration – Making of a will – Informal documents – Dispensing with requirements for execution of a will pursuant to s 8 of the Succession Act 2006 (NSW) – Whether person named as trustee in informal document was an executor according to the tenor of the will Legislation Cited: Succession Act 2006 (NSW) ss 6, 8 Supreme Court Rules 1970 (NSW), Pt 78, r 42 Cases Cited: Angius v Angius [2013] NSWSC 1895 Borthwick v Mitchell [2017] NSWSC 1145 Estate of Williams (1984) 36 SASR 423 H v H [2015] NSWSC 837 In Re Thompson (1943) 44 WALR 74 In the Estate of Williams (1984) 36 SASR 423 In the Will of Burns (1903) 4 SR (NSW) 257 In the Will of Gillott (1892) 9 WN (NSW) 84 in the Will of Hollings (1878) 4 VLR (IP&M) 46 In the Will of Hooper (1908) 25 WN (NSW) 147 Romascu v Manolache [2011] NSWSC 1362 Tsagouris v Bellairs [2010] SASC 147 Texts Cited: Handler LG and Neal R, Mason & Handler Succession Law and Practice New South Wales (Looseleaf Service, LexisNexis Butterworths, Sydney, 2017) Category: Principal judgment Parties: Steven Ballas (Plaintiff) Anna Balis (First Defendant) Angela Ballas (Second Defendant) Gina Balis (Third Defendant) Nicky Morris (Fourth Defendant) Voula Akon (Fifth Defendant) Arthur Briadis (Sixth Defendant) Pat Kouloumendas (Seventh Defendant) Angelo Aloupis (Eighth Defendant) Nicky Aloupis (Ninth Defendant) William Lungas (Tenth Defendant) Toula Laris (Eleventh Defendant) Representation: Counsel: Mr E Finnane (Plaintiff)