In the Estate of HUGHES-ROBERTS (DECEASED)

The case involved an application for the grant of probate by the sole executor named in a will made by the deceased in South Australia in 2012. The deceased also made a will in Thailand in 2014. The deceased, who was domiciled in South Australia, died on 6 February 2015, leaving assets in Australia and Thailand. The deceased’s Thai estate was administered in accordance with Thai law. The central issue was whether the deceased intended to revoke the Australian will by the Thai will.

The court examined the admissibility and use of extrinsic evidence in aid of construction of the wills. It relied on the case of Re Barker and the principles established in In the Estate of Crawford (Deceased). The court held that statements made by the testator, whether at the time of making the will or thereafter, are admissible as evidence of the testator’s intention. In applying these principles, the court found that the deceased did not intend to revoke the Australian will by the Thai will.

The court was satisfied that the evidence, including the deceased’s statements to Karen and Strat Kostoglou, along with the terms of the Thai will, established that it was the deceased’s intention to make a will in accordance with Thai law to dispose of his Thai assets exclusively. The court concluded that the deceased made the Thai will in the belief and desire that the Australian will remain in effect. Therefore, the deceased did not intend by the Thai will to revoke the Australian will.

The court granted probate of the Australian will to Karen Bone, the sole executor named in the will, limited to the deceased’s estate situate in the Commonwealth of Australia. The court also ordered that the disclosure of assets and liabilities required under the Probate Rules need not include the value of the Thai estate. The costs of the application were to be paid out of the deceased’s estate situate in the Commonwealth of Australia.