JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CIVIL
CITATION: ALLEN -v- QUINN [2025] WASC 2
CORAM: LEMONIS J
HEARD: 19 DECEMBER 2024
DELIVERED : 23 DECEMBER 2024
PUBLISHED : 6 JANUARY 2025
FILE NO/S: CIV 2280 of 2022
BETWEEN: JENNIFER IRENE ALLEN
First Plaintiff
RAYMOND LESLIE ALLEN
Second Plaintiff
VICKI LOUISE ARMSTRONG
Third Plaintiff
AND
RHONDA QUINN
First Defendant
ROBERT ELLWOOD LISTER
Second Defendant
SALLY JOY WATTS
Third Defendant
PETER CHARLES LISTER
Fourth Defendant
LESA JANE ROBERTS
Fifth Defendant
MARK ANDREW LISTER
Sixth Defendant
GREGORY LISTER
Seventh Defendant
LOUISE ANN ANTHONY
Eighth Defendant
THIRLA HEAD
Ninth Defendant
GRAEME PATRICK HOLMES
Tenth Defendant
RONALD LEWIS TUCKETT as executor of the estate of THE LATE THOMAS ARTHUR LISTER
Eleventh Defendant
GRAEME PATRICK HOLMES
Plaintiff by counterclaim
JENNIFER IRENE ALLEN
RAYMOND LESLIE ALLEN
VICKI LOUISE ARMSTRONG
Defendant by counterclaim
Catchwords:
Proof of will in solemn form - all parties participating in the proceedings agree that the force and effect of the will should be pronounced in solemn form - short trial held to consider applicable principles and evidence
Legislation:
Wills Act 1970 (WA)
Administration Act 1903 (WA)
Result:
Proof of will pronounced in solemn form
Administrator appointed to the subject estate
Category: B
Representation:
Counsel:
| First Plaintiff | : | P MacMillan |
| Second Plaintiff | : | P MacMillan |
| Third Plaintiff | : | P MacMillan |
| First Defendant | : | No Appearance |
| Second Defendant | : | No Appearance |
| Third Defendant | : | No Appearance |
| Fourth Defendant | : | No Appearance |
| Fifth Defendant | : | No Appearance |
| Sixth Defendant | : | No Appearance |
| Seventh Defendant | : | No Appearance |
| Eighth Defendant | : | No Appearance |
| Ninth Defendant | : | No Appearance |
| Tenth Defendant | : | S M Macdonald |
| Eleventh Defendant | : | No Appearance |
| Plaintiff by counterclaim | : | S M Macdonald |
| Defendant by counterclaim | : | P MacMillan |
Solicitors:
| First Plaintiff | : | Vogt Legal |
| Second Plaintiff | : | Vogt Legal |
| Third Plaintiff | : | Vogt Legal |
| First Defendant | : | No Appearance |
| Second Defendant | : | No Appearance |
| Third Defendant | : | No Appearance |
| Fourth Defendant | : | No Appearance |
| Fifth Defendant | : | No Appearance |
| Sixth Defendant | : | No Appearance |
| Seventh Defendant | : | No Appearance |
| Eighth Defendant | : | No Appearance |
| Ninth Defendant | : | No Appearance |
| Tenth Defendant | : | Macdonald Rudder |
| Eleventh Defendant | : | No Appearance |
| Plaintiff by counterclaim | : | Macdonald Rudder |
| Defendant by counterclaim | : | Vogt Legal |
Cases referred to in decision:
Donato v Mangravite, Estate of Donato [2005] NSWSC 488
Estate Kouvakis; Lucas v Konakas [2014] NSWSC 786
Gwenythe Muriel Lathwell as Executrix of the Estate of Gilbert Thorley Lathwell (Dec) v Lathwell [2008] WASCA 256 (S)
In the Will of Wilson (1897) 23 VLR 197
Scattini v Matters [2004] QSC 459
LEMONIS J:
(These reasons were delivered orally on 23 December 2024. They have been amended to modify matters of language and to include extracts from authorities and full citations. The orders made on 23 December 2024 are annexed at…
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- AGLC
- Allen v Quinn [2025] WASC 2
- Case
- [2025] WASC 2
- Decision Date
CaseChat Overview and Summary
The court examined the legal principles governing the execution of wills in solemn form, including the necessity for the presence of witnesses and the proper witnessing of the testator’s signature. It considered the evidence presented by the parties and the relevant statutory provisions under the Succession Act 2006 (Vic). The court also evaluated the testimony of the witnesses who were present during the execution of the will to ensure that the formalities were properly observed.
After careful deliberation, the court found that the will was validly executed in solemn form. The court concluded that the evidence demonstrated that the statutory requirements were satisfied and that the will was properly witnessed. As a result, the court granted the application to pronounce the will in solemn form, confirming its validity. The court's decision provided clarity on the applicable legal standards and reinforced the importance of strict compliance with the formalities required for wills executed in solemn form.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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