By Darryl Browne -
Key decisions
- Fuda v Dawes [2026] NSWSC 360 (Preliminary discovery)
- Blue Mountains Succession conference 2026.11
- Farrance v Pergol [2026] NSWSC 382 (Injunction)
- In the Estate of Pepper (No 2) [2026] SASC 45 (Construction of will)
- Di Giannantonio by his tutor Tucker v Di Giannantonio [2026] NSWCA 69 (Release)
- Rhule v Smith [2026] UKPC 10 (Power of attorney)
Preliminary discovery to contest will
Kenneth Hambridge died in 2025. Probate of his last will, made in 2019 (‘the 2019 will’), was granted to the named executor, Rhonda Dawes. Lina Fuda applied for preliminary discovery of the deceased’s solicitor’s file concerning the last will and any will made in 2017. Fuda was not a beneficiary under the 2019 will and her ability to contest the validity of the 2019 will depended on there being an earlier will under which she was a beneficiary.
Two solicitors from the firm which acted for the deceased witnessed the 2019 will. This was curious as the 2019 will was handwritten using a form from a will kit. Limited material was provided to Fuda which disclosed a draft will prepared in 2017 by which Fuda was a beneficiary (‘the draft will’). Fuda brought proceedings against the executor for preliminary discovery pursuant to UCPR 5.3(1), which the executor resisted.
