Calokerinos, Executor of the Estate of the late George Sclavos v Yesilhat; Yesilhat v Calokerinos, Executor of the Estate of the late George Sclavos

In this case, the executor of the estate of the late George Sclavos, Calokerinos, was sued by Yesilhat, a beneficiary under an informal will executed by the deceased. The dispute involved the validity of the informal will, the nature of the relationship between the deceased and Yesilhat, and the recovery of funds from Yesilhat by the estate. The matter was heard in the Supreme Court of New South Wales.

The court had to determine whether the informal will was genuine and represented the deceased's testamentary intentions. It also needed to assess the nature of the relationship between the deceased and Yesilhat, including whether they were in a de facto relationship, and if Yesilhat was eligible for a family provision claim. Additionally, the court had to decide whether the funds in question were loans or gifts and whether they were fraudulently misappropriated.

The court found that the informal will was valid and represented the deceased's intentions. It rejected Yesilhat's claim that the will was fabricated and that she was in a de facto relationship with the deceased. The court held that Yesilhat was not eligible for a family provision claim. Regarding the funds, the court determined that the monies were gifts, not loans, and that the funds withdrawn after the deceased's death were not fraudulent.

The court ordered that Yesilhat repay the estate the amounts advanced to her before the deceased's death, considering them gifts. It also ordered that Yesilhat repay the estate the funds withdrawn after the deceased's death, finding that they were not withdrawn with authority.