CASE: Re Estate Condon; Battenberg v Phillips [2017] NSWSC 1813

Blanche Minnie Condon died in 2016 leaving behind an estate worth about $7m. She had made her last Will only a few weeks before her death. Her Will made no provision for her nephew Andrew Battenberg, who was living in Scotland.

Andrew challenged the validity of the last Will. He much preferred Blanche’s earlier Wills in which he got a little something.

The catch? What makes this case different? Andrew had no assets in Australia, which made the executors of Blanche’s estate nervous about recouping legal costs if Andrew lost his case. It would take additional time and money to enforce any NSW court orders in Scotland. The executors asked the court for security for costs — basically, a legal “just in case” deposit.

In Part 1 we looked at the executor's claim for security for costs.

In this Part 2 we look at Andrew's challenge to the validity of the last Will and whether it was successful.