Marcuola-Bel v Tran [2004] NSWSC 173

Marcuola-Bel v Tran [2004] NSWSC 173

The evidence of the attesting witnesses to the 21 July 2002 will was accepted as credible and reliable, establishing that the will was executed by the deceased on that date. Therefore, the will of 21 July 2002 revoked the prior will of 31 March 1998, and probate of the latter is to be granted in solemn form, revoking the previous grant.

Parties
Plaintiff: Ines Marcuola-Bel; Defendant: Thi Ly Tran
Jurisdiction
Australia
Judgment Date
11 March 2004
Procedural Posture
Probate / Determination of Validity of Later Will and Revocation of Prior Grant
Outcome
Probate of 1998 will revoked; probate in solemn form of 2002 will granted; plaintiff awarded costs against defendant, no indemnity costs.
Legal Topics
Revocation of Grant of Probate, Validity of Testamentary Instruments, Grant in Solemn Form
Succession Law Probate Revocation of Grant of Probate Validity of Testamentary Instruments Grant in Solemn Form

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Parties

Ines Marcuola-Bel

Plaintiff

Thi Ly Tran

Defendant

Procedural Posture

Probate / Determination of Validity of Later Will and Revocation of Prior Grant

Legal Issues

  1. 1 Whether the 21 July 2002 will was executed by the deceased on that date and should revoke the 31 March 1998 will and grant of probate in favour of the defendant

Ratio Decidendi

The evidence of the attesting witnesses to the 21 July 2002 will was accepted as credible and reliable, establishing that the will was executed by the deceased on that date. Therefore, the will of 21 July 2002 revoked the prior will of 31 March 1998, and probate of the latter is to be granted in solemn form, revoking the previous grant.

Court Disposition

Probate of 1998 will revoked; probate in solemn form of 2002 will granted; plaintiff awarded costs against defendant, no indemnity costs.

Orders

  • The grant of probate to the defendant of the deceased’s will dated 31 March 1998 be revoked.
  • Grant (exhibit 2) to be deposited in the Registry.