Miller v Jones

Case [1999] NSWCA 467


CITATION: Miller v Jones [1999] NSWCA 467
FILE NUMBER(S): CA 40645/96
HEARING DATE(S): 02/12/99
JUDGMENT DATE:
17 December 1999

PARTIES :


Damon Charles Miller
Charles Harold Miller
Jeanette Marilyn Jones
Eva Emma May Jones
JUDGMENT OF: Meagher JA at 1; Beazley JA at 2; Fitzgerald JA at 36
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S) : 116913/95
LOWER COURT JUDICIAL OFFICER: Brownie J
COUNSEL: Appellant: C A Vindin
Respondent: M S Willmot
SOLICITORS: Appellant: Carroll & Knudsen
Respondent: Packer & Austin
CATCHWORDS: Will; Document purporting to be Will; Admission of fresh evidence; Undue influence
ACTS CITED: Wills Probate and Administration Act 1898 (NSW)
CASES CITED:
Nock v Austin (1918) 25 CLR 519
Hall v Hall (1868) LR 1 P & D 481
DECISION: Appeal dismissed with costs


      THE SUPREME COURT

      OF NEW SOUTH WALES

      COURT OF APPEAL

      CA 40645/96
      PD 116913/95

      MEAGHER JA
      BEAZLEY JA
      FITZGERALD JA

      Friday, 17 December 1999


      CHARLES HAROLD MILLER & ANOR v JEANETTE MARILYN JONES & ANOR


      FACTS

      A dispute arose between the executors/beneficiaries appointed or named under a Will dated 3 June 1994 and those under a document dated 1 July 1994. The trial judge found that the latter document was a forgery, the propounders of which have appealed and seek to have it recognised as an informal Will under the Wills, Probate and Administration Act 1898 (NSW).

      The appellants also sought leave to adduce fresh evidence as a ground for a new trial. The appellants’ witness appeared before the Court and was cross-examined.

      The appellants further sought to set aside the Will dated 3 June 1994 on the ground of undue influence.

      HELD

      per Beazley JA (Meagher JA and Fitzgerald JA agreeing)

      (i) There were numerous inconsistencies in the witnesses evidence and it was not believable. As such, it would not change the result of a trial and the Court should not admit the evidence.

      (ii) For a finding of undue influence to be made the court must be satisfied that the Will was the result of the overbearing of the testator’s will. Steps were taken to ensure the instruction came from the testator. The respondents discharged the onus they bore to show the instruction came from the testator and the Will dated 3 June was the free exercise of the testator’s benefaction.

      per Fitzgerald JA

      (i) There was no basis for any suggestion of error by the trial judge in his Honour’s rejection of the appellant’s assertion that the Will dated 3 June 1994 was procured under undue influence.

      ORDERS

      Appeal dismissed with costs

      THE SUPREME COURT

      OF NEW SOUTH WALES

      COURT OF APPEAL

      CA 40645/96
      PD 116913/95

      MEAGHER JA
      BEAZLEY JA
      FITZGERALD JA

      Friday, 17 December 1999


      CHARLES HAROLD MILLER & ANOR v JEANETTE MARILYN JONES & ANOR

      JUDGMENT

1    MEAGHER JA: I agree with Beazley JA.

2    BEAZLEY JA: This case involved a dispute between the executors/beneficiaries appointed or named under a Will of the deceased dated 3 June 1994 and those under a document dated 1 July…

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Miller v Jones [1999] NSWCA 467
Case
[1999] NSWCA 467
Decision Date

CaseChat Overview and Summary

In *Miller v Jones*, the New South Wales Court of Appeal considered an appeal concerning a document that purported to be the last will and testament of the deceased. The primary dispute revolved around the validity of this document, with allegations of undue influence being central to the challenge.

The Court of Appeal was required to determine whether the primary judge erred in admitting fresh evidence on appeal, and more fundamentally, whether the impugned document was indeed the valid last will of the deceased, given the claims of undue influence.

The Court ultimately dismissed the appeal, upholding the primary judge's decision. The reasoning, though not detailed in the provided text, would have involved a careful consideration of the evidence presented, the legal tests for undue influence in the context of will validity, and the principles governing the admission of fresh evidence on appeal. The Court found no basis to interfere with the primary judge's findings. The appeal was dismissed with costs awarded to the respondent.

Orders

Orders of the court

Appeal dismissed with costs

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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