Petrovski v Nasev; The Estate of Janakievska [2011] NSWSC 1275

Petrovski v Nasev; The Estate of Janakievska [2011] NSWSC 1275

Alek Nasev, as propounder of the 2004 Will, failed to establish that the deceased had testamentary capacity at the time of its execution, as well as failed to prove she knew and approved its terms and was not subject to undue influence. Consequently, probate of the 1999 Will was granted and the cross-claim seeking probate of the 2004 Will was dismissed.

Jurisdiction
Australia
Judgment Date
17 November 2011
Procedural Posture
Probate Action / Judgment After Trial
Outcome
Probate in solemn form of the 1999 Will granted to Plaintiffs; Cross-Claim dismissed; Orders regarding exhibits and costs.
Legal Topics
['testamentary Capacity' 'knowledge and Approval' 'undue Influence' 'execution of Wills']
['wills and Probate' 'equity'] ['testamentary Capacity' 'knowledge and Approval' 'undue Influence' 'execution of Wills']

Case Brief

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Procedural Posture

Probate Action / Judgment After Trial

Legal Issues

  1. 1 ['Whether the deceased had testamentary capacity at the making of the 2004 Will' 'Whether the deceased knew and approved of the contents of the 2004 Will' 'Whether the 2004 Will was procured by undue influence']

Ratio Decidendi

Alek Nasev, as propounder of the 2004 Will, failed to establish that the deceased had testamentary capacity at the time of its execution, as well as failed to prove she knew and approved its terms and was not subject to undue influence. Consequently, probate of the 1999 Will was granted and the cross-claim seeking probate of the 2004 Will was dismissed.

Court Disposition

Probate in solemn form of the 1999 Will granted to Plaintiffs; Cross-Claim dismissed; Orders regarding exhibits and costs.

Orders

  • ["Subject to compliance with Court rules, Probate in solemn form of the deceased's Will made on 15 April 1999 be granted to the Plaintiffs" 'Referral to Registrar to complete the grant' 'Cross-Claim dismissed' 'If parties are unable to agree on costs, adjournment to hear argument' 'Exhibits (except original Wills)...