[2024] NSWSC 569

The Estate of Young

Probate granted

Catchwords

SUCCESSION – Informal will in a notepad – Succession Act 2006 (NSW) s 8 – Whether the deceased intended the document to form his will – Held: He did.

[1]
HIS HONOUR: Kenneth Warren Young (the deceased) died on 24 August 2022 aged 85. He was divorced and had no children. The plaintiff, Anthea Megan Young (Anthea) is his niece, being the daughter of his late brother Raymond Roy Young. She has two brothers, Damon Young and Aaron Young. I will refer to Damon and Aaron as “the nephews”.
[2]
The deceased left a net distributable estate of $767,366 as at November 2023. After he died, Anthea discovered a notebook (or notepad) on the deceased's armchair in his home in Maroubra, on which he often sat.
[3]
Anthea, by Summons dated 21 November 2023 seeks a declaration pursuant to s 8 of the Succession Act 2006 (NSW) (the Act) that three pages of the book be admitted to probate as the will of the deceased, together with a grant to her of administration of the estate.
[4]
The three pages are reproduced below as Figure 1.
[5]
Section 8 of the Act provides:
[6]
The pages have not been executed in accordance with the Act.
[7]
I am satisfied that the deceased intended the pages to form his will because:
[8]
The nephews have been given notice of this application and have not participated.
[9]
I make orders in accordance with the short minutes of order, which I have initialled, dated today's date and placed with the papers.