Clocchiatti v Chadwick [2012] NSWSC 1308

Clocchiatti v Chadwick [2012] NSWSC 1308

Affidavit evidence filed by the caveator did not raise sufficient doubt as to the execution or validity of the informal will; declaratory relief granted that caveat cease to have effect; directions for joinder and pleadings given due to caveator's continued challenge.

Parties
Plaintiff: Nicolina Clocchiatti; Defendant: Richard Doyne Chadwick
Jurisdiction
Australia
Judgment Date
26 October 2012
Procedural Posture
Interlocutory Application / Application for Order That Caveat Cease to Have Effect; Directions for Pleadings
Outcome
Declaration granted that caveat ceases to have effect; orders made for joinder and pleadings; costs reserved.
Legal Topics
Caveats, Informal Wills, Fraud in Probate, Joinder of Parties
Probate Equity Caveats Informal Wills Fraud in Probate Joinder of Parties

Case Brief

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Parties

Nicolina Clocchiatti

Plaintiff

Richard Doyne Chadwick

Defendant

Procedural Posture

Interlocutory Application / Application for Order That Caveat Cease to Have Effect; Directions for Pleadings

Legal Issues

  1. 1 Whether the caveat lodged in respect of the grant of probate should cease to have effect
  2. 2 Whether evidence raises sufficient doubt as to the validity of the informal will
  3. 3 Whether caveator should be joined as a party

Ratio Decidendi

Affidavit evidence filed by the caveator did not raise sufficient doubt as to the execution or validity of the informal will; declaratory relief granted that caveat cease to have effect; directions for joinder and pleadings given due to caveator's continued challenge.

Court Disposition

Declaration granted that caveat ceases to have effect; orders made for joinder and pleadings; costs reserved.

Orders

  • Declare that the caveat filed on 16 May 2012 by Scalabrini Villages ceases to take effect.
  • Direct that Scalabrini Villages be joined as a defendant to the proceedings and that the matter proceed by way of pleadings.