Cassarino v Cassarino [2020] NSWSC 454

Cassarino v Cassarino [2020] NSWSC 454

Because the 2015 Will was duly executed, there was no dispute that the deceased had capacity when it was made, there was a bona fide attack and some doubt about the validity of the 2016 Will, and all persons potentially affected agreed to the proposed resolution, the Court was satisfied that Probate in solemn form of the 2015 Will should issue.

Jurisdiction
Australia
Judgment Date
28 April 2020
Procedural Posture
Contested Probate Proceedings / Dealt With in Chambers and on the Papers After Parties Reached Agreement
Outcome
Probate in solemn form of the Will dated 19 January 2015 granted; Statement of Claim dismissed; Cross-Claim otherwise dismissed; no order as to costs.
Legal Topics
['entitlement to Grant of Probate' 'probate in Solemn Form' 'passing Over a Later Will' 'compromise of Probate Proceedings' 'validity of Testamentary Documents' 'testamentary Capacity' 'knowledge and Approval' 'suspicious Circumstances']
['succession' 'probate and Administration'] ['entitlement to Grant of Probate' 'probate in Solemn Form' 'passing Over a Later Will' 'compromise of Probate Proceedings' 'validity of Testamentary Documents' 'testamentary Capacity' 'knowledge and Approval' 'suspicious Circumstances']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Contested Probate Proceedings / Dealt With in Chambers and on the Papers After Parties Reached Agreement

Legal Issues

  1. 1 ["Whether the Court should grant Probate in solemn form of the deceased's Will dated 19 January 2015 notwithstanding a later duly executed Will dated 15 April 2016." 'Whether the Court may make a grant of Probate based on the agreement of the parties where there is some doubt as to the validity of the later Will.']

Ratio Decidendi

Because the 2015 Will was duly executed, there was no dispute that the deceased had capacity when it was made, there was a bona fide attack and some doubt about the validity of the 2016 Will, and all persons potentially affected agreed to the proposed resolution, the Court was satisfied that Probate in solemn form of the 2015 Will should issue.

Court Disposition

Probate in solemn form of the Will dated 19 January 2015 granted; Statement of Claim dismissed; Cross-Claim otherwise dismissed; no order as to costs.

Orders

  • ['Orders subject to compliance with the Probate rules of Court, that Probate in solemn form, of the Will dated 19 January 2015 of Francesco Cassarino ("the deceased") be granted to the Defendants/Cross-Claimants, Vincent Cassarino (a.k.a. Vince Cassarino), Tony Cassarino, Connie Russo and to the Plaintiff, Francesca...