PARASKOV -v- PARASKOS [2002] WASC 109
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2002] WASC 109 | |
| Case No: | CIV:2031/1996 | 18 & 19 APRIL 2002 | |
| Coram: | PULLIN J | 14/05/02 | |
| 19 | Judgment Part: | 1 of 1 | |
| Result: | Claim allowed | ||
| A | |||
| PDF Version |
| Parties: | PETER KOSTA PARASKOV STEVE PARASKOS |
Catchwords: | Succession Wills probate and administration Will written in English Testator illiterate in English Whether contents explained to testator before signing Whether will explained to testator Evidence Presumption of regularity |
Legislation: | Administration Act 1903 |
Case References: | Astridge v Pepper [1970] 1 NSWR 542 Battan Singh v Amirchand [1948] AC 161 Clay v Karlson [2001] WASC 141 Hughes v National Trustees Executors & Agency Co of Australasia Ltd (1979) 143 CLR 134 In the Will of Clayton (1906) 8 GLR 516 In the Will of Steward [1964] VR 179 McLean Bros & Rigg Ltd v Grice (1906) 4 CLR 835 Middlebrook v Middlebrook (1962) 36 ALJR 216 Nock v Austin (1918) 25 CLR 519 Parker v Felgate (1883) 8 PD 171 Perera v Perera [1901] AC 354 Public Trustee v Permanent Trustee Co Ltd [1999] NSWSC 722 Re Estate of Hodges (decd); Shorter v Hodges (1988) 14 NSWLR 698 Re Flynn [1982] 1 WLR 310 Re Green (decd); Lloyd v Green [1969] WAR 67 Re Herbert (1990) 101 FLR 279 Saunders v Vautier (1841) 4 Beav 115 Unioil International Pty Ltd v Deloitte Touche Tohmatsu (No 2) (1997) 18 WAR 190 Bailey v Bailey (1924) 34 CLR 558 Banks v Goodfellow (1870) 5 QB 549 Bull v Fulton (1942) 66 CLR 295 Kenny v Wilson (1911) 11 SR(NSW) 460 Love v Love (1914) WALR 131 O'Brien v Trustees of Western Australia Ltd [1999] WASC 185 Orton v Smith (1873) LR 3 P&D 23 Re A Solicitor [1975] QB 475 Roebuck v Smoje [2000] WASC 312 Roos v Karpenkow (1998) 71 SASR 497 Theophanous v Gillespie [2001] QSC 177 Twist v Tye [1902] P 92 Tyrrell v Painton [1894] P 151 West Australian Trustee Executor & Agency Co Ltd v Holmes [1961] WAR 144 Wintle v Nye [1959] 1 WLR 284 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CIVIL
- Plaintiff
AND
STEVE PARASKOS
Defendant
Catchwords:
Succession - Wills probate and administration - Will written in English - Testator illiterate in English - Whether contents explained to testator before signing - Whether will explained to testator
Evidence - Presumption of regularity
Legislation:
Administration Act 1903
Result:
Claim allowed
(Page 2)
Category: A
Representation:
Counsel:
Plaintiff : Mr P Mendelow
Defendant : Mr P A Monaco
Solicitors:
Plaintiff : Tolson & Co
Defendant : Godfrey Virtue & Co
Case(s) referred to in judgment(s):
Astridge v Pepper [1970] 1 NSWR 542
Battan Singh v Amirchand [1948] AC 161
Clay v Karlson [2001] WASC 141
Hughes…
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- AGLC
- Paraskov v Paraskos [2002] WASC 109
- Case
- [2002] WASC 109
- Decision Date
CaseChat Overview and Summary
In the Supreme Court of Western Australia, the plaintiff, Peter Kosta Paraskov, sought a pronouncement for the force and validity of his father's last will and testament dated 6 April 1973. The deceased, Kosta Parascos, appointed Joseph Slavko Marian as executor and trustee of the will, bequeathing $500 each to his children, Steve and his married daughters, and the remainder of his estate to his son, Peter. Steve, the defendant, challenged the will's validity, arguing that his father did not understand its contents due to his illiteracy in English and the absence of a notation confirming the will had been explained to him. Steve also pointed to four errors in the will, which he argued indicated that the contents were not explained to his father. The court, Pullin J, found that Mr. Marian's usual practice was to explain the contents of wills to clients who did not speak English, and it was reasonable to infer that this practice was followed in this case. The court dismissed Steve's counterclaim, finding that none of the points raised gave rise to any inference that Mr. Marian did not explain the contents of the will to the deceased before it was signed. The court pronounced for the force and validity of the will in solemn form and dismissed the counterclaim. The defendant was ordered to pay the plaintiff's costs of the action, to be taxed.
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Background
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