Karwala v Skrzypczak; In the Estate of Ratajczak [2006] NSWSC 203

Karwala v Skrzypczak; In the Estate of Ratajczak [2006] NSWSC 203

The Court found the 1995 Polish will to be duly executed, with testamentary capacity, knowledge and approval by the deceased, and free from undue influence, fraud, or forgery. The loss of the original will was explained and no presumption of revocation arose. Therefore, a grant of administration with a copy of the Polish will annexed should be made to the defendant. If incorrect in this view, the 1992 will would have been found valid.

Parties
Plaintiff / Cross Defendant: Maria Karwala; Defendant / Cross Claimant: Jadwiga Skrzypczak
Jurisdiction
Australia
Judgment Date
29 March 2006
Procedural Posture
Probate Dispute / Final Judgment at First Instance
Outcome
Plaintiff's claim dismissed; grant to defendant with copy of Polish will annexed
Legal Topics
Testamentary Capacity, Due Execution of Wills, Knowledge and Approval, Undue Influence, Fraud, Revocation of Wills
Wills and Estates Probate Testamentary Capacity Due Execution of Wills Knowledge and Approval Undue Influence Fraud Revocation of Wills

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Parties

Maria Karwala

Plaintiff / Cross Defendant

Jadwiga Skrzypczak

Defendant / Cross Claimant

Procedural Posture

Probate Dispute / Final Judgment at First Instance

Legal Issues

  1. 1 Which of four propounded documents should be admitted to probate as the deceased's will
  2. 2 Whether the wills of 1992 and/or 1995 were duly executed, reflected testamentary capacity, and were not obtained by undue influence or fraud
  3. 3 Whether the original 1995 Polish will was lost or revoked

Ratio Decidendi

The Court found the 1995 Polish will to be duly executed, with testamentary capacity, knowledge and approval by the deceased, and free from undue influence, fraud, or forgery. The loss of the original will was explained and no presumption of revocation arose. Therefore, a grant of administration with a copy of the Polish will annexed should be made to the defendant. If incorrect in this view, the 1992 will would have been found valid.

Court Disposition

Plaintiff's claim dismissed; grant to defendant with copy of Polish will annexed

Orders

  • Plaintiff's claim dismissed
  • Letters of Administration (with a copy of the will written in the Polish language and translation annexed) granted in solemn form to Jadwiga Skrzypczak limited until the original will be proved