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Donnolley v Clarke [2008] NSWSC 522 — Wills & Wills, Probate And Administration — Barrister AI

Donnolley v Clarke

[2008] NSWSC 522

Supreme Court of NSW

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Interrogate

Catchwords

1. Succession
2. › Wills
3. › Rectification
4. › Principles for effecting rectification
5. › Standard of proof
6. › Clear and convincing proof of actual intention needed
1. Succession
2. › Wills
3. › Construction of will
4. › Inconsistent gifts
5. › Same property given to different beneficiaries in different clauses of will
6. › Testator presumed to have intended both gifts to take effect
7. › Each beneficiary takes a moiety
1. Costs
2. › Wills, Probate and Administration
3. › Construction of will
4. › Both parties partially successful
5. › Whether costs should be borne out of disputed property or residue
6. › Testator failed to make his intention clear
7. › Costs to be borne out of residue

Case Details

Citation[2008] NSWSC 522

CourtNSWSC

JurisdictionNew South Wales

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Cited by5

2024Director General, Community Services Directorate as Guardian for LN v LLACTSC 287
2018The Public Trustee of Queensland v NearyQSC 9
2017In the Estate of RummerACTSC 277
2010Tantau v MacFarlaneNSWSC 224
and 1 more after sign-in

Relies on2

2002Rawack v SpicerNSWSC 849
and 1 more after sign-in

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