The Estate of Juliana Voros; Cooney & Ors v Cherry [2016] NSWSC 1603

The Estate of Juliana Voros; Cooney & Ors v Cherry [2016] NSWSC 1603

The Plaintiffs failed to prove, on the balance of probabilities, that the deceased knew and approved the contents of the 2007 Will, particularly in view of the suspicious circumstances surrounding its preparation and execution. Accordingly, the 2007 Will should not be admitted to probate; probate of the 2006 Will is to be granted in solemn form to the Defendant as executor by representation.

Jurisdiction
Australia
Judgment Date
15 November 2016
Procedural Posture
Probate/succession / Judgment After Final Hearing
Outcome
Probate of the 2007 Will revoked; Statement of Claim and cross-claim otherwise dismissed; probate of 2006 Will granted in solemn form to Defendant; no order as to costs.
Legal Topics
['probate' 'wills' 'revocation of Grant' 'knowledge and Approval' 'validity of Will' 'suspicious Circumstances in Will Execution']
['succession Law' 'equity'] ['probate' 'wills' 'revocation of Grant' 'knowledge and Approval' 'validity of Will' 'suspicious Circumstances in Will Execution']

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Procedural Posture

Probate/succession / Judgment After Final Hearing

Legal Issues

  1. 1 ['Whether the grant of probate of the 2006 Will should be revoked' 'Whether the 2007 Will is valid and represents the last testamentary intention of the deceased' 'Whether the signatures on the 2007 Will were genuine or forged' 'Whether the deceased knew and approved the contents of the 2007 Will']

Ratio Decidendi

The Plaintiffs failed to prove, on the balance of probabilities, that the deceased knew and approved the contents of the 2007 Will, particularly in view of the suspicious circumstances surrounding its preparation and execution. Accordingly, the 2007 Will should not be admitted to probate; probate of the 2006 Will is to be granted in solemn form to the Defendant as executor by representation.

Court Disposition

Probate of the 2007 Will revoked; Statement of Claim and cross-claim otherwise dismissed; probate of 2006 Will granted in solemn form to Defendant; no order as to costs.

Orders

  • ['Probate in common form of the Will dated 15 November 2007, granted to the first Plaintiff, be revoked.' 'Statement of Claim dismissed.' 'Probate in common form of the Will dated 9 June 2006, granted to John Collins, be revoked and probate in solemn form of that Will be granted to the Defendant as executor by...