SUCCESSION — wills, probate and administration — making of a will — deceased creates a Microsoft Word document in his personal computer — document not executed in accordance with Succession Act, s 6 — whether the document expresses the testamentary intentions of the deceased — whether the deceased intended the document to be his will — Succession Act, s 8 — revocation — document printed out of deceased's computer but not found amongst his papers after his death — Microsoft Word document not deleted from deceased's computer — whether the deceased destroyed the printed version of the document — if so, whether the deceased intended to revoke the testamentary intentions expressed within the Microsoft Word document and/or the printed document — whether the deceased no longer intended to treat the Microsoft Word document and the printed document as his will — HELD: no intention to revoke the testamentary intentions expressed in the Microsoft Word document — the Microsoft Word document satisfies Succession Act, s 8 and should be admitted to probate.
Case Details
Citation[2012] NSWSC 594
CourtNSWSC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 30 later cases that cite this judgment.
1 of the 30 citing cases carry a classified treatment. How each court treated it is available to signed-in members.
