Loupos v Demirgelis [2008] NSWSC 1207

New South Wales Supreme Court

CITATION : Loupos v Demirgelis [2008] NSWSC 1207

HEARING DATE(S) : 18-21 August, 30 September, 1-3 and 7-9 October 2008.

JUDGMENT DATE : 19 November 2008

JURISDICTION : Equity Division

JUDGMENT OF : Windeyer J at 1

DECISION : Claim for revocation dismissed.

CATCHWORDS : WILLS, PROBATE AND ADMINISTRATION - Probate - Application for revocation of probate - whether testator had testamentary capacity

CATEGORY : Principal judgment

CASES CITED : Banks v Goodfellow (1870) LR 5 QB 549

PARTIES : Maria Loupos (Plaintiff) Raphael Demirgelis (Defendant)

FILE NUMBER(S) : SC 121799/06

COUNSEL : Kim Morrissey (Plaintiff) Ian Davidson (Defendant)

SOLICITORS : Hunt and Hunt (Plaintiff) JSM Lawyers (Defendant)

- 34 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION PROBATE LIST

WINDEYER J

Wednesday 19 November 2008

121799/06 Maria Loupos v Raphael Demirgelis in the Estate of John Gannelos (also known as Ioannis Gannelos) JUDGMENT 1 John Gannelos (the deceased) died on 5 February 2006 aged 75. He left a will dated 6 January 2004, probate of which was granted in common form to the defendant Raphael Demirgelis on 28 March 2006. The plaintiff, Mrs Maria Loupos, seeks to revoke that grant and to obtain a grant of letters of administration with a will of the deceased dated 30 November 1979 annexed. The deceased made other wills on 10 June 2003 and 4 December 2003. The defendant by cross claim propounds the will of 10 June 2003 in the event that the present grant is revoked. No one seeks to propound the December 2003 will. The plaintiff, Mrs Loupos, claims that the deceased lacked testamentary capacity at the time of the will dated 6 January 2004 and the will 10 June 2003. If he did, then it is accepted that a grant should be made in favour of the 1979 will. The Wills