Alexakis v Masters

In the matter of Alexakis v Masters, the High Court of Australia was called upon to determine the validity of two wills executed in 2017 by the deceased, Masters, and the propriety of filing a second cross-claim by the claimant, Alexakis. The dispute arose from allegations of undue influence on the part of the claimant towards the deceased in the execution of the wills. The primary concern was whether the second cross-claim should be allowed to proceed, or if the issues should be decided separately, given the overlap between legal and equitable claims of undue influence.

The legal issues before the court included the application for leave to file a second cross-claim by Alexakis, which raised issues of equitable undue influence. The court had to consider whether the leave should be granted, considering the overlap of issues with the existing claim, and if the claims should be tried together or separately. The court was also required to weigh the principles of the suspicious circumstances rule and the application of undue influence in both probate and equity.

The court held that the second cross-claim should not be allowed to proceed as it duplicated existing claims and would unnecessarily complicate the proceedings. The court reasoned that the principles of undue influence in both legal and equitable contexts were sufficiently distinct to warrant separate consideration. The court emphasised the importance of maintaining clarity in the proceedings and preventing unnecessary duplication. Consequently, the court ordered that the second cross-claim be determined separately from the existing claim.