In the Estate of Reisinger (No 2)

[2023] NTSC 27

CITATION:In the Estate of Reisinger (No 2) [2023] NTSC 27

PARTIES:IN THE ESTATE OF REISINGER

ON REFERENCE from the Registrar of the Supreme Court of the Northern Territory

TITLE OF COURT:  SUPREME COURT OF THE NORTHERN TERRITORY

JURISDICTION:  SUPREME COURT exercising Territory Jurisdiction

FILE NO:2022-02643-SC

DELIVERED:  13 March 2023

JUDGMENT OF:  Burns J

REPRESENTATION:

Counsel:

Applicant: Eric Maher

Solicitor:

Applicant:Maher Raumteen Solicitors

Judgment category classification:    C

Judgment ID Number:  Bur2309

Number of pages:  2

IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWIN

In the Estate of Reisinger (No 2) [2023] NTSC 27
No. 2022-02643-SC

BETWEEN:

IN THE ESTATE OF REISINGER

ON REFERENCE from the Registrar of the Supreme Court of the Northern Territory

CORAM:    Burns J

REASONS FOR ORDERS

(Delivered 13 March 2023)

Introduction

1. The background to this matter may be found in my earlier decision published on 9 January 2023.[1] I have now received further affidavit evidence from the applicant for probate, Oliver Anton Reisinger, and his brother Guenther Reisinger.

2. Based on that further evidence I am now satisfied that the handwritten amendments to the will executed by the deceased on 12 October 2005 are in the deceased’s handwriting and that the signatures corresponding to those amendments are the deceased’s signature.

3. I am further satisfied that in 2019 the deceased told others of her intention to amend her will to make greater provision for her grandchildren. I am therefore satisfied that the handwritten amendments to the deceased’s will were intended by the deceased to be alterations to her will and to embody her testamentary intentions.

4. I therefore order that probate be granted to Oliver Anton Reisinger with regard to the will of the late Gertrude Marie Reisinger dated 12 October 2005 as subsequently altered by the deceased.

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[1]In the Estate of Reisinger [2023] NTSC 2.