Wehbe v Giotopoulos [2023] NSWSC 827

Supreme Court New South Wales

Medium Neutral Citation: Wehbe v Giotopoulos [2023] NSWSC 827 Hearing dates: 3-6 July 2023 Date of orders: 14 July 2023 Decision date: 14 July 2023 Jurisdiction: Equity Before: Darke J Decision: Application for grant of probate in solemn form fails. Declaration to be made that the deceased died intestate. Grant of administration to be made. Catchwords: SUCCESSION – contested probate – validity of will propounded by plaintiffs – whether the will was duly executed in accordance with s 6 of the Succession Act 2006 (NSW) – whether suspicious circumstances attended the preparation and execution of the will – whether the testator signed the will with knowledge and approval of its contents – where no evidence given by independent witnesses to the preparation and execution of the will – lack of acceptable evidence that attesting witnesses signed the will in the presence of the testator – due execution of the will not established – suspicious circumstances attended the preparation and execution of the will – plaintiffs failed to discharge burden of showing that the testator signed the will with knowledge and approval of its contents – application for grant of probate in solemn form of the will dismissed Legislation Cited: Evidence Act 1995 (NSW), s 140 Succession Act 2006 (NSW), s 6 Cases Cited: Alexakis v Masters (No 2) [2023] NSWSC 509 Burnside v Mulgrew; Re the Estate of Doris Grabrovaz [2007] NSWSC 550 In the Will of Kimbell [1969] 1 NSWR 414; (1968) 88 WN (Pt 1) (NSW) 614 Lewis v Lewis (2021) 105 NSWLR 487; [2021] NSWCA 168 Mekhail v Hana; Mekail v Hana [2019] NSWCA 197 Sullivan v Mouglalis; Wilson v Mouglalis – Estate Late Willem Wyma [2008] NSWSC 1326 Tobin v Ezekiel (2012) 83 NSWLR 757; [2012] NSWCA 285 Category: Principal judgment Parties: George Paul Wehbe (First Plaintiff/First Cross-Defendant– self represented and on behalf of the Second Plaintiff/Second Cross-Defendant) Simon Charbel Wehbe (Second Plaintiff/Second Cross-Defendant) Marcha Giotopoulos (Defendant/Cross-Claimant) Representation: Counsel: Mr J E F Brown (Defendant/Cross-Claimant)