| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
TRUSTS, EQUITY AND PROBATE LIST
S PRB 2019 08035
| LEELA WATI GOVINDAN | Plaintiff |
| v | |
| SURESH CHARAN - and - ANURADHA CHARAN | Defendants |
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JUDICIAL REGISTRAR: | Keith JR |
WHERE HELD: | Melbourne |
DATE OF HEARING: | On the paper |
DATE OF JUDGMENT: | 24 March 2020 |
CASE MAY BE CITED AS: | Govindan v Charan |
MEDIUM NEUTRAL CITATION: | [2020] VSC 137 |
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WILLS AND ESTATES – Application for revocation of probate – Whether caveator lacks standing – Whether caveator can establish prima facie case for caveat – Whether case for investigation or something to ‘go on’ – Whether testator’s previous memory loss established a lack testamentary capacity at the time of making the will – Whether testator was subject to undue influence at the time of making the will – Limited interest in estate does not provide standing – Prima facie case not established – Gardiner v Hughes (No 2) [2019] VSCA 198 – Section 63, Civil Procedure Act 2010 (Vic).
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr B Gillies | R B Legal Pty Ltd |
| For the Defendant | Self-represented |
HIS HONOUR:
plaintiff is the applicant for a grant of probate of a will dated 11 May 2006 made by the deceased. The plaintiff has applied by summons dated 17 July 2019 for orders that a caveat be dismissed and consequential orders. On 26 February 2020 the summons was referred to me by order of McMillan J for determination. The Court has intimated to the parties that the matter will be determined on the papers. Written submissions have been received.
Background
The deceased died on 24 January 2019 aged 93.
The caveators lodged a caveat on 18 February 2019. The caveator, Anuradha Charan, is a niece of the deceased and is a named beneficiary in the will dated 11 May 2006, entitling her to receive “jewellery”. The second named caveator is married to Anuradha and has no personal interest in the estate.
The plaintiff lodged her application for a grant of probate on 28 May 2019. The estate comprises a flat at Richmond valued at $320,000 and a Unit at Dandenong valued at $320,000 together with an accommodation bond of $225,795.12 and funds controlled by State Trustees Limited of $178,376.95 making a total in excess of $1m [I observe the inventory lodged in support of the application for probate appears to incorrectly show the value of the estate at $818,376.95].
The caveat is supported by grounds filed on 24 June 2019 that the testatrix lacked testamentary capacity to make a will in May 2006, and that the plaintiff acted in some manner to influence the testatrix or so as to overcome the free exercise of testamentary capacity.
In support of the application that the caveat be dismissed the plaintiff relies on two grounds. First it is submitted the caveators lack standing and second, the grounds in support of the caveat fail to disclose a prima facie case. On those grounds it is…
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- AGLC
- Govindan v Charan [2020] VSC 137
- Case
- [2020] VSC 137
- Decision Date
CaseChat Overview and Summary
The court held that the respondent did not have standing to challenge the will as their interest in the estate was limited. Further, the respondent could not establish a prima facie case for a caveat, as they could not demonstrate that the case warranted investigation. The court noted that the respondent had not shown that there was something to ‘go on’ in their allegations. The court also dismissed the respondent’s claims that the testator had suffered from memory loss prior to making the will, finding that this did not establish a lack of testamentary capacity at the relevant time. Similarly, the court found that there was no evidence of undue influence. The court referred to the decision in Gardiner v Hughes (No 2) [2019] VSCA 198 and section 63 of the Civil Procedure Act 2010 (Vic) in reaching its conclusion.
The court dismissed the respondent’s application for revocation of the probate, finding that the respondent had not established a case warranting investigation. The court found that the respondent did not have standing to challenge the will and could not establish a prima facie case for a caveat. The court also found that there was no evidence of testamentary incapacity or undue influence. The orders of the court were that the respondent’s application for revocation of the probate be dismissed and that the respondent pay the applicant’s costs of the proceeding.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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