In the matter of the will of Michael Lewkowicz

The deceased, Michael Lewkowicz, passed away on 20 May 2019, leaving a will that appointed his son, Joseph Lewkowicz, as the executor. Subsequently, his daughter, Rebecca Lewkowicz, contested the will, arguing it was invalid due to undue influence and mental incapacity. The matter was heard in the Supreme Court of Queensland. The primary legal issues involved the validity of the will, whether undue influence was exerted, and if the deceased was mentally capable of making the will.

The court evaluated the evidence presented regarding undue influence and mental capacity. It found that the deceased was a man of sound mind, capable of understanding the nature and effect of making a will. Furthermore, the court determined that there was no undue influence exerted by Joseph, despite Rebecca's allegations. The deceased had a history of close relationships with his son but also maintained relationships with his daughter, which were not overly influenced by Joseph.

Consequently, the court dismissed Rebecca's claims, holding that the will was valid and should be upheld. The court found that Joseph was appropriately appointed as the executor and should proceed with administering the estate according to the deceased's wishes as expressed in the will. The application by Rebecca to challenge the will was refused.