Paraskov v Paraskos

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.