| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMERCIAL AND EQUITY DIVISION
PROBATE LIST
No. 2631 of 2013
IN THE MATTER of the Will and Estate of GLYNDWR DAVIES, deceased
| ANDRIA GRIFFITHS (who is sued in her capacity as executrix and trustee of the Estate of the abovenamed deceased) | Plaintiff |
| v | |
| BETTY LEWIS | Defendant |
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JUDGE: | McMillan J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 8 November 2013 | |
DATE OF JUDGMENT: | 11 November 2013 | |
CASE MAY BE CITED AS: | Griffiths v Lewis | |
MEDIUM NEUTRAL CITATION: | [2013] VSC 609 | |
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ADMINISTRATION AND PROBATE — Application for revocation of grant of probate — Standing to seek revocation — Applicant not a beneficiary under probated will or earlier will
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | R B Phillips | John Burgess and Co |
| For the Defendant | J Wilkinson | Nathan Dorevitch Lawyers |
HER HONOUR:
The plaintiff is the executrix of the estate of Glyndwr Davies, deceased (‘the deceased’), who died on 17 January 2013, leaving a will dated 1 March 2012 (‘the 2012 will’). Probate of the 2012 will was granted to the plaintiff on 5 March 2013.
The 2012 will bequeaths the deceased’s items of household use and ornament and the sum of $5 000 and to Lesley Ann Clark and leaves the residue of the estate to the plaintiff, who is a niece of the deceased.
By summons filed 17 September 2013, Ms Betty Lewis made an application seeking revocation of the grant of probate. Ms Lewis is a sister of the deceased and lives in West Glamorgan, South Wales. Ms Lewis is not a beneficiary under the deceased’s 2012 will.
In support of her application for revocation of the grant of probate, the defendant filed an affidavit sworn 12 September 2013 alleging that the 2012 will was not valid on four grounds, summarised as follows:
(a)the deceased did not instruct his solicitor, Mr Bruce Robert Climie, to prepare the 2012 will;
(b)the plaintiff exerted undue influence over the deceased to make the 2012 will, in which the plaintiff is named as a beneficiary;
(c)the deceased did not sign the 2012 will; and
(d)the deceased may have lacked testamentary capacity around the time that the 2012 will was made.
At the first instance, it should be noted that Ms Lewis did not file a caveat objecting to the grant of probate to the plaintiff and, in her affidavit, she has not addressed her failure to file a caveat.
In the second instance, it should be noted that the contents of Ms Lewis’ affidavit are extraordinary in that the assertions contained in paragraphs 10, 11, 13 through to 25 are completely unsubstantiated, speculative, matters of opinion without any basis, or just wrong. For the purposes of the application before me, which was heard and determined on 8 November, those paragraphs in the affidavit were struck out. Other paragraphs in the affidavit refer to matters put by way of family background and do not assist in the determination of the application.
The gravamen…
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- AGLC
- Griffiths v Lewis [2013] VSC 609
- Case
- [2013] VSC 609
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether Griffiths had standing to seek revocation of the grant of probate. The court was required to determine if the applicant's lack of status as a beneficiary under the will or any earlier will precluded them from having the necessary locus standi to challenge the validity of the grant. Additionally, the court needed to consider the appropriate legal standards and principles governing standing in such probate matters.
The court found that Griffiths did not have standing to seek revocation of the grant of probate. It was determined that standing to challenge the validity of a will or a grant of probate is generally limited to those who are beneficiaries under the will or earlier wills, or other persons with a direct interest in the estate. Since Griffiths did not meet these criteria, the court held that they lacked the necessary standing. The court emphasised the importance of maintaining clear boundaries regarding who can challenge probate matters to ensure the finality and certainty of estate administration. The application for revocation was dismissed.
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
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Ratio Decidendi
Legal Principle Established
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