Vincent Zang v Deborah Middleton; The estate of Keith Joseph Cook, late of Balgowlah

[2011] NSWSC 881

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. SUCCESSION — wills, probate and administration — probate and letters of administration — 1 April 2007 instrument propounded as a will of the deceased does not comply with the Succession Act, s 6 formal requirements for a will — whether the Court should under Succession Act, s 8 dispense with the requirements for execution of the instrument as a will — proceedings settled — analysis of whether the circumstances justify the making of a Succession Act, s 8 order — HELD: the April 2007 instrument is a document that purports to state the testamentary intentions of the deceased and the deceased intended it to form his will — COSTS — agreement as to costs upon an exchange of correspondence — dispute as to whether costs agreed to be paid on the ordinary basis or on the solicitor and client basis — HELD: upon the true construction of the terms agreed in the correspondence the parties agreed that the costs of Deborah Middleton and Sharon Cook be paid out of the deceased's estate on the solicitor and client basis.