Dalton v Dalton

Case [2008] WASC 56

DALTON -v- DALTON [2008] WASC 56



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2008] WASC 56
Case No:CIV:2367/200517 MARCH 2008
Coram:BEECH J30/04/08
21Judgment Part:1 of 1
Result: Probate granted of informal will
Declaration as to proper construction of the informal will
B
PDF Version
Parties:FLORENCE AWERE DALTON
AARON DALTON
JASMINE JAKEISHA MARY DALTON
RACHEL GAY DALTON
SEAN RICHARD DALTON
SHERYL MAVIS DALTON

Catchwords:
Wills
Probate
Testamentary instruments
Informal will
Whether deceased intended document to constitute his will
Construction
Whether will void for uncertainty

Legislation:
Wills Act 1970 (WA), s 34

Case References:
Anaconda Nickel Ltd v Tarmoola Australia Pty Ltd [2000] WASCA 27; (2000) 22 WAR 101
Berdal v Burns [1990] WAR 140
Brennan v Permanent Trustee Company of New South Wales (1945) 73 CLR 404
Hatsatouris v Hatsatouris [2001] NSWCA 408
In the Estate of Graham (1978) 20 SASR 198
In the Estate of Roberts (1985) 38 SASR 324
In the Estate of Williams (1984) 36 SASR 423
James v Burdekin (1990) 3 WAR 298
Malatesta v Scott (Unreported, WASC, Library No 940291, 15 June 1994)
Oreski v Ikac [2007] WASC 195
Parnell v Hinkley [2007] WASC 102
Perpetual Trustees (WA) Ltd v Gailey [1999] WASC 61
Re Estate of Frederick Raymond Reeve Perryman [2003] WASC 191
The Estate of Kevin John Hines v Hines [1999] WASC 111
The Public Trustee in and for the State of Western Australia v Drennan [2004] WASC 101
Uranium Equities Ltd v Fewster [2008] WASCA 33
Will of Lebato; Shields v Caratozzoli (1991) 6 WAR 1

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : DALTON -v- DALTON [2008] WASC 56 CORAM : BEECH J HEARD : 17 MARCH 2008 DELIVERED : 30 APRIL 2008 FILE NO/S : CIV 2367 of 2005 BETWEEN : FLORENCE AWERE DALTON
    Plaintiff

    AND

    AARON DALTON
    First Defendant

    JASMINE JAKEISHA MARY DALTON
    Second Defendant

    RACHEL GAY DALTON
    Third Defendant

    SEAN RICHARD DALTON
    Fourth Defendant

    SHERYL MAVIS DALTON
    Fifth Defendant

Catchwords:

Wills - Probate - Testamentary instruments - Informal will - Whether deceased intended document to constitute his will - Construction - Whether will void for uncertainty


(Page 2)



Legislation:

Wills Act 1970 (WA), s 34

Result:

Probate granted of informal will


Declaration as to proper construction of the informal will

Category: B


Representation:

Counsel:


    Plaintiff : Mr D R Williams QC
    First Defendant : Ms Y Salleh
    Second Defendant : Ms H J Finch
    Third Defendant : Mrs W F Buckley
    Fourth Defendant : Mrs W F Buckley
    Fifth Defendant : Mrs W F Buckley

Solicitors:

    Plaintiff : Murfett & Co
    First Defendant : Public Trustee (WA)
    Second Defendant : Public Trustee (WA)
    Third Defendant : Merle Bloch
    Fourth Defendant : Merle Bloch
    Fifth Defendant : Merle Bloch



Case(s) referred to in judgment(s):

Anaconda Nickel Ltd v Tarmoola Australia Pty Ltd [2000] WASCA 27; (2000) 22 WAR 101
Berdal v Burns [1990] WAR 140
Brennan v Permanent Trustee Company of…

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Dalton v Dalton [2008] WASC 56
Case
[2008] WASC 56
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CaseChat Overview and Summary

The matter of Dalton v Dalton involved the interpretation of an informal will made by the deceased, Mr Dalton. The dispute centred on whether the document constituted a valid testamentary instrument, and if so, what its proper construction should be. The case was heard in the Supreme Court of New South Wales. The court was required to determine whether the deceased intended the document to act as his will and, if so, how it should be interpreted to ascertain his intentions.

The court was tasked with resolving several legal issues, including whether the document in question was intended by the deceased to serve as his will. Additionally, the court had to determine if the will was void for uncertainty, given that it lacked some formal elements typically found in formal wills. The court was also required to decide on the proper construction of the will, interpreting it to give effect to the deceased's intentions as clearly as possible.

The court found that the deceased indeed intended the document to serve as his will, despite its informal nature. The document, though lacking in formal elements, contained clear expressions of the deceased's intentions. The court held that the will was not void for uncertainty, as the document's language was sufficiently clear to ascertain the deceased's intentions. The court further ruled on the proper construction of the will, providing a detailed interpretation that reflected the deceased's wishes. This interpretation allowed for the granting of probate and provided clarity for the beneficiaries.

The Supreme Court granted probate of the informal will and issued a declaration regarding its proper construction, providing guidance to the executors and beneficiaries. This decision ensured that the deceased's intentions were respected and that the estate could be distributed according to his wishes, despite the informal nature of the testamentary instrument.

Orders

Orders of the court

Probate granted of informal will

Declaration as to proper construction of the informal will

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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