Estate of Demetrios Katsikas, Deceased [2018] NSWSC 555

Supreme Court New South Wales

Medium Neutral Citation: Estate of Demetrios Katsikas, Deceased [2018] NSWSC 555 Hearing dates: 16 and 17 October 2017; 23 and 24 April 2018 Date of orders: 03 May 2018 Decision date: 07 May 2018 Jurisdiction: Equity - Probate List Before: Lindsay J Decision: Order that the Statement of Claim be dismissed. Catchwords: SUCCESSION – Wills, probate and administration – Construction and effect of testamentary dispositions – Purported revival of a will revoked by marriage – whether an email from the deceased to his brother operated as an informal will to revive the will revoked by marriage– No informal will where a document is not of itself intended to operate as a will Legislation Cited: Evidence Act 1995 NSW Interpretation Act 1987 Succession Act 2006 NSW Cases Cited: Alan Yazbek v Ghosn Yazbek [2012] NSWSC 594 Bailey v Bailey (1924) 34 CLR 558 Barry v Butlin (1838) 2 Moo PC 480; 12 ER 1089 Browne v Dunn (1894) 6R 67 Burnside v Mulgrew; Re the Estate of Doris Grabrovaz [2007] NSWSC 550 Katsikas v Katsikas [2016] NSWSC 1490 Plunkett v Bull (1915) 19 CLR 544 Re Estate of Wai Fun Chan, Deceased [2015] NSWSC 1107 Slack v Rogan (2013) 85 NSWLR 253 Tobin v Ezekiel (2012) 83 NSWLR 757 Tristram, Application of Eunice Helen [2012] NSWSC 657 Texts Cited: - Category: Principal judgment Parties: Plaintiff: George Katsikas Defendant: Suzanne Katsikas Representation: Counsel: Plaintiff: M Bradford and N Bilinsky Defendant: JJ Loofs SC (on 16-17 October 2017) and JEF Brown