Public Trustee v New South Wales Cancer Council – the Estate of Rita Lillian McBurney [2002] NSWSC 220 (15 March 2002)

The deceased made a Will dated 1989 appointing the Public Trustee as Executor and left her estate to her husband and the residue of her estate to several charities, one of which was represented by Turner Freeman.

Other informal documents were found with the Will that appeared to contain the deceased’s wishes. One such document gave the gift that was to go to the deceased’s husband to another person dated 1996, as by the time this new informal document was made the deceased’s husband had already died.

The Court determined that the informal document was in fact a codicil, or amendment, to the 1989 Will, despite the fact that it was not formally created.

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