NSW Caselaw
New South Wales Supreme Court
CITATION : Zorbas v Sidiropoulous - Estate of Kriezis [2008] NSWSC 1041
HEARING DATE(S) : 24.09.08
JUDGMENT DATE : 3 October 2008
JUDGMENT OF : Debelle AJ
DECISION : Par 80
CATCHWORDS : SUCCESSION - TESTAMENTARY CAPACITY - testatrix gravely ill in hospital - while in hospital will made changing previous will - whether testatrix had testamentary capacity
CATEGORY : Principal judgment
Bailey v Bailey (1924) 34 CLR 558 Banks v Goodfellow (1870) LR 5 QB 549 Broughton v Knight (1873) LR 3 PD 64 Bull v Fulton (1942) 66 CLR 295 Estate of Dowling; Ridge v Rowden (Supreme Court of New South Wales, Santow J, 10 April 1996, unreported) Estate of Griffith; Easter v Griffith (Court of Appeal, 7 June 1995, unreported) CASES CITED : Estate of Hodges; Shorter v Hodges (1988) 14 NSWLR 698 Kerr v Badran [2004] NSWSC 735 Timbury v Coffee (1941) 66 CLR 277 Tipper v Moore (1911) 13 CLR 248 Waters v Waters (1848) 2 De G & Sm 591 Worth v Clasohm (1952) 86 CLR 439 Woodhead v Perpetual Trustee Co Ltd (1987) 11 NSWLR 267
PARTIES : George Zorbas - plaintiff Stephen Sidiropoulous - defendant
FILE NUMBER(S) : SC 115307/06
COUNSEL : D Grieve QC/M Southwick - plaintiff No appearance - defendant
SOLICITORS : Macquarie Lawyers - plaintiff No appearance - defendant
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION PROBATE LIST
Debelle AJ
3 October 2008
115307/06 George Zorbas v Stephen Sidiropoulous JUDGMENT 1 His Honour: On 16 July 2004 Christina Kriezis, the testatrix, made a will. It is convenient to call it "the first will". The plaintiff George Zorbas is the sole trustee and the only beneficiary under the first will. The will had been drafted by the plaintiff's son who is not a solicitor. 2 On 14 December 2004 the testatrix made another will. I will call it "the second will". The defendant Stephen Sidiropoulous is the sole executor and the only beneficiary under the second will. As I later find, it had been drafted by a solicitor. 3 On 18 February 2005 the testatrix died. She was aged 68 years. On 1 September 2006 the defendant obtained a grant of probate in common form of the second will. 4 In these proceedings the plaintiff seeks the following orders:
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