PROBATE - letters of administration - application to revoke grant of letters of administration with a copy of will claimed to be lost annexed - claim last will of testatrix revoked not lost - whether will last traced to deceased - presumption of revocation - allegation that deceased had destroyed will - whether sufficient evidence to determine on the balance of probabilities that the deceased had revoked will
PROBATE - practice and procedure - grant of administration c.t.a. made in proceedings where next of kin, who had obtained earlier grant of administration on intestacy, joined as defendants and served but did not appear - whether grant in solemn form or common form - whether next of kin as defendants bound by result - proceedings in absence of party - power to set aside grant
Acts Cited:
Wills Probate and Administration Act 1898 s17(3)(c)
Case Details
Citation[2005] NSWSC 1166
CourtNSWSC
JurisdictionNew South Wales
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