Belcastro v Belcastro

In Belcastro & Anor v Belcastro & Ors, the plaintiffs, Vincent Belcastro and Teresa Zarelli, sought to have an unexecuted will admitted to probate, as well as an executed will from 2000. The defendants, Dominic Vincent Belcastro, Nancy Mary Merenda, and Clementina Lucy Darling, argued that the unexecuted will should not be admitted to probate and questioned the validity of the 2000 will. The court was required to determine whether the unexecuted will met the criteria for admission to probate under the Wills Act 1970 (WA) and whether the 2000 will was validly executed. The court found that there was insufficient evidence to show that the deceased was aware of the unexecuted will or had adopted or authenticated its contents, and therefore dismissed the claim for relief regarding the unexecuted will. However, the court found that the 2000 will had been validly executed and granted the alternative relief sought by the plaintiffs, admitting the 2000 will to probate in solemn form. The court also ordered that the costs of the proceedings be borne by the estate of the deceased.