Marino (as executor of the Wills of Alfio and Giuseppe Scandurra, deceased) v Cobavie

The case of Marino (as executor of the Wills of Alfio and Giuseppe Scandurra, deceased) v Cobavie involved a dispute regarding the validity of the wills of two deceased brothers, Alfio and Giuseppe Scandurra. The applicant, Charles Anthony Marino, sought a grant of probate in relation to each will. The respondents raised concerns about the testamentary capacity of the deceased, particularly Giuseppe, due to evidence suggesting he did not have the capacity to appoint an enduring power of attorney. The case required the court to determine whether the deceased brothers had testamentary capacity at the time of making their wills.

The legal issues central to the case were whether Alfio and Giuseppe Scandurra possessed the necessary testamentary capacity at the time they executed their wills on 9 August 2018. This involved examining their soundness of mind, memory, and understanding. The court had to weigh the evidence of their eccentric opinions and supernatural beliefs against the evidence of their rational behaviour in everyday and financial affairs. Additionally, the court considered the opinions of the experienced solicitor who took the wills and the general practitioners who assessed the brothers shortly before the execution of the wills.

The court determined that despite the evidence of eccentric beliefs, there was no indication that Alfio or Giuseppe lacked testamentary capacity. The court found that the experienced solicitor who took the wills and the general practitioners who assessed the brothers did not have doubts about their capacity. The court also noted the rational behaviour of the brothers in their daily lives and financial affairs. Consequently, the court pronounced for the force and validity of the wills and granted probate to Charles Anthony Marino as the executor of both wills. The court also ordered that the applicant's costs be paid from the deceased's estates on an indemnity basis.