Kemp v Findlay

[2025] NSWCA 46

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Succession
2. › Wills
3. › Informal wills
4. › Unsigned electronic document
5. › Whether deceased intended document to form his will without more
6. › Whether knowledge of will-making formalities negates requisite intention
7. › Succession Act 2006 (NSW), s 8
1. Costs
2. › Probate litigation
3. › Exceptions to costs following the event
4. › Whether testator was cause of litigation
5. › Whether unsuccessful party's pursuit of litigation was reasonable
6. › Whether appellant pursued litigation for personal advantage
1. Appeal
2. › Standard of appellate review
3. › Appeal from findings based on inferences from contemporaneous documents
4. › Whether appellate court in as good a position as trial judge

Quick Take

A testator's knowledge that a will needs to be signed does not preclude a finding under s 8 of the Succession Act 2006 (NSW) that an unsigned electronic document was intended to operate as the testator's will, particularly where the testator described the document as a 'new will', communicated it to the named executor, and told others the will had been changed.