Magiera v Cekan

In Magiera v Cekan, the applicants sought revocation of a grant of probate in solemn form of the 2016 will of a deceased person, arguing that the respondent was not given proper notice of the application. The matter was heard in the Supreme Court of South Australia. The court needed to determine whether the respondent had actual knowledge of the application for the grant, whether the respondent disproved actual knowledge, and whether the service of the application was sufficient under the law. The court considered whether the respondent had actual knowledge of the application for the grant, and whether the service was effective under the relevant rules and statutes. The court found that the respondent had been given notice of the application through substituted service, which was deemed sufficient under the circumstances. Despite the respondent's lack of personal knowledge of the application, the court held that the opportunity to be heard was provided through the respondent's solicitors, who were deemed to have received the notice via email. The court also noted the principles concerning the finality of judgments and the best interests of the due and proper administration of the estate. The court ultimately refused the application for revocation of the grant in solemn form of the 2016 will, stating that the grant was made correctly and in the best interests of the estate.