Re M’s Codicil [2018] NSWSC 936

Supreme Court New South Wales

Medium Neutral Citation: Re M's Codicil [2018] NSWSC 936 Hearing dates: 15 and 19 June 2018 Date of orders: 19 June 2018 Decision date: 19 June 2018 Jurisdiction: Equity - Protective List Before: Lindsay J Decision: Orders made (under sections 18-19 of the Succession Act 2006 NSW) for a court-authorised codicil confirmatory of a codicil made by an incapacitated person but the subject of uncertainty as to its operation. Catchwords: SUCCESSION – Wills, probate and administration – The making of a will – Court authorisation of a codicil – Testator without capacity – Uncertainty in existing testamentary instruments – Succession Act section 22 – Principles for consideration – Authorisation granted Legislation Cited: NSW Trustee and Guardian Act 2009 NSW Civil Procedure Act 2005 NSW Probate and Administration Act 1898 Succession Act 2006 NSW Trustee and Guardian Act 2009 Uniform Civil Procedure Rules 2005 NSW Cases Cited: CCR v PS (No. 2) (1986) 6 NSWLR 622 GAU v GAV [2016] 1 Qd R 1 Re K's Statutory Will [2017] NSWSC 1711 Texts Cited: - Category: Principal judgment Parties: Applicant: A Daughter of the Protected Person First Respondent: A Son of the Protected Person Second Respondent: A Son of the Protected Person Third Respondent: A Protected Person Representation: Counsel: Applicant: P Blackburn-Hart SC and R Kako First & Second Respondents: P Greenwood SC and S Clemmett Third Respondent: G Mackey, solicitor