The Court declared that a beneficiary's revocation of a disclaimer of a testamentary gift and intestacy interest was effective at law, where the disclaimer was made under a misapprehension about its practical consequences — specifically, the beneficiary did not foresee the difficulty of proving the disclaiming party's nephew's entitlement on intestacy due to inability to obtain overseas documentary evidence. The operative misapprehension, combined with the absence of consideration for the disclaimer and the absence of any prejudice to third parties who may have changed their position in reliance on it, permitted revocation. The case applied the framework in Tantau v MacFarlane [2010] NSWSC 224 without extending it.
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