In the Will of

SUPREME COURT OF QUEENSLAND

CITATION:

In the Will of Anna Ang Lee Chin (also known as Anna Ang Lee Chin)  [2023] QSC 28

PARTIES:

IN THE WILL OF ANNA ANG LEE CHIN (ALSO KNOWN AS ANNA ANG LEE CHIN)

LAST ADDRESS: 11 ANGELICA STREET ELANORA IN THE STATE OF QUEENSLAND

FILE NO/S:

1303 of 2023

DIVISION:

Trial Division

PROCEEDING:

1303/23

ORIGINATING COURT:

Supreme Court of Queensland

DELIVERED ON:

20 February 2023

DELIVERED AT:

Brisbane

HEARING DATE:

On the papers

JUDGE:

Wilson J

ORDER:

Orders signed as per draft

SOLICITORS:

Attwood Marshall Lawyers for the executor

1. Anna Chin (also known as Anna Ang Lee Chin) (“the deceased”) died on 11 October 2022.  At the time of her death she was widowed and did not leave any issue. There were no children who predeceased the deceased.

2. The Will dated 2 August 1994 appoints the deceased’s husband Mr Lesley Chin as the executor and sole beneficiary of the estate. Mr Chin predeceased the deceased.

3. The Will appoints the deceased’s sisters, Nancy Hung and Esther Ang as the substitute executors and beneficiaries of the estate. Esther Ang predeceased the deceased.

4. This is an application by Nancy Hung for a grant of probate of the Will of the deceased as contained in a copy dated 2 August 1994 be made to the applicant limited until the original Will or more authenticated evidence be brought into and left in the Supreme Court Registry subject to formal requirements of the Registrar.

5. The applicant also sought that the application be decided without an oral hearing.  I am satisfied, in the circumstances, that this is an appropriate course.

6. The solicitor’s firm of Brian Hayne and Associates (“the deceased’s solicitors) held the original Will of Mr Lesley Chin and the deceased. After Mr Chin died, these solicitors sent both Mr Chin’s original Will and the deceased’s original Will to the deceased on 17 November 2003 (“the 2003 correspondence”).

7. The location of the deceased’s original Will cannot be found.

8. In May 2006 the deceased gave the applicant a certified copy of the Will shortly after it was certified.  She states that she was sitting with the deceased and her sister, Esther Ang, and the deceased explained to them both what they had to do as executors. The deceased said words to the effect “you need to make sure all of my bills are paid and then you get the rest.” The deceased than handed the certified copy of the will to the applicant and said words to the effect “when I pass away this is the copy of Will you need to use.”

9. The applicant states that she has been in possession of this certified will since this time.

10. The applicant states that the deceased kept all of her important papers in her filing cabinet at her home; the applicant helped the deceased set up this filing cabinet after the death of her husband.

11. The applicant lived with deceased from approximately 2001 until she died.  The applicant…