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Key decisions

  • The Estate of Drummond; Drummond v Drummond [2017] NSWSC 856
  • Re Hobbs [2017] VSC 424
  • Calokerinos, Executor of the Estate of Sclavos v Yesilhat [2017] NSWSC 666
  • The Estate of Estrella Nadonza Ellis [2017] NTSC 56
  • Re Estate of Annie Margaret Kent (Dec); ex parte Bonker [2017] WASC 239
  • Borthwick v Mitchell [2017] NSWSC 1145
  • Rose v Tomkins [2017] QCA 157
  • Craig-Bridges v NSW Trustee and Guardian [2017] NSWCA 197

Document not an informal alteration to a will

A document headed ‘Discussion with [deceased] 22.3.2016 WILL – [deceased] has decided to leave…’, signed by the deceased and witnessed by a friend was not treated as an informal alteration to the deceased’s will in The Estate of Drummond; Drummond v Drummond [2017] NSWSC 856. The reasons included the incomplete nature of the document, the deceased’s familiarity with will-making, the document being prepared and signed at the witness’ suggestion rather than the deceased’s, the deceased not placing particular significance on the document and the document being inconsistent with the deceased’s meticulous nature (at [25]). The Court considered that the propounding of the document as an informal alteration was a reasonable investigation so that, although unsuccessful, the pronouncers were not required to pay the costs of the estate (at [37]).

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