| IN THE SUPREME COURT OF VICTORIA AT MELBOURNE | Not Restricted | |
| COMMERCIAL AND EQUITY DIVISION | ||
In The Matter of an application by Norena Suzanne Hill for orders pursuant to Section 21 of the Wills Act 1997 authorising the making of a Will on behalf of Rhona Hill
No. 8125 of 2000
| NORENA SUZANNE HILL | Plaintiff |
| v | |
| RHONA HILL AND CAT PROTECTION SOCIETY OF VICTORIA | Firstnamed Defendant Secondnamed Defendant |
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JUDGE: | Byrne J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 11 April 2001 |
DATE OF JUDGMENT: | 22 May 2001 |
CASE MAY BE CITED AS: | Hill v Hill (No.2) |
MEDIUM NEUTRAL CITATION: | [2001] VSC 135 |
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Wills – statutory will – application successful – costs.
Wills Act 1997 ss. 21, 22, 26, 27, 28
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APPEARANCES: | Counsel | Solicitors |
For the Plaintiff | Mr R.K. Davis | Glennen Burstyner & Co |
| For the firstnamed Defendant | Mr R.R. Boaden | State Trustees Ltd |
| For the secondnamed Defendant | Mr G.S. Baker (Solicitor) | Russell Kennedy |
HIS HONOUR:
On 29 March 2001 I acceded to the application of Norena Suzanne Hill (“the daughter”) that I should authorise the making of a statutory will pursuant to s. 21 of the Wills Act 1997. The parties have now returned to present argument as to costs. I have had regard to the matters put to me in oral argument on 11 April 2001 and to the written submissions filed on behalf of the plaintiff on 24 April 2001, on behalf of the firstnamed defendant on 27 April 2001, on behalf of the secondnamed defendant on 1 May 2001 and those of the plaintiff in reply filed on 7 May 2001. As counsel have observed, there is no guidance as to costs to be had from the Wills Act 1997. I approach the question, therefore, on the basis that I should exercise my discretion in accordance with established principle, deriving such guidance as I can from analogous applications.
In substance, the effect of the statutory will which I authorised is that, instead of the estate of Rhona Hill passing as to one half to the daughter and one half to the Cat Protection Society of Victoria, the whole of her estate will pass to the daughter.
Mrs Hill’s property is modest. It presently comprises a home unit at 4/12 Mitford Street, St Kilda which may be worth $221,000 and which produces income of $939.09 per month rental. She has about $750 in cash. She receives also a pension of $399 per fortnight, although this may be about to be reduced. Her income is therefore about $1,300 per month from which her nursing home fees and allowance consume about $1,100 per month.
When the application was brought on 20 December 2000, the only party was the plaintiff, the daughter. By order of Beach J made on 4 January 2001 at which Mrs Hill and the Society were represented, these two persons were added as defendants. Mrs Hill’s affairs are under the control of State Trustees Ltd as administrator pursuant to the Guardianship and Administration Act 1986 and…
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- AGLC
- Hill v Hill (No 2) [2001] VSC 135
- Case
- [2001] VSC 135
- Decision Date
CaseChat Overview and Summary
The central legal issues that the court had to address included whether the statutory will met the statutory requirements under the Wills Act 1997, and if the application to have the will admitted to probate was valid. These issues required the court to examine the formal requirements of the will, the testamentary capacity of the deceased at the time of making the will, and the compliance with relevant sections of the Act. The court had to interpret the legislation to ascertain whether the will was properly executed and whether the application was in line with the statutory provisions.
The court concluded that the statutory will was valid and enforceable, thus granting the application to have it admitted to probate. In reaching this decision, the court considered the statutory requirements and found that they had been met. The court also examined the evidence provided regarding the deceased's testamentary capacity and found it sufficient. The court's decision was based on a detailed interpretation of the relevant sections of the Wills Act 1997. Additionally, the court ruled on the matter of costs, determining that the applicant was entitled to costs under the provisions of the Act.
In conclusion, the court admitted the statutory will to probate and ordered that the applicant was entitled to costs. This decision underscores the importance of ensuring that statutory wills comply with the requirements of the Wills Act 1997 to be considered valid and enforceable. The court's ruling highlights the need for careful adherence to the statutory provisions when drafting and executing such wills.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
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Decision
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