Re Estate of Robert Wilcock

The deceased, Robert Wilcock, passed away on 17 May 2019, leaving a will dated 11 May 2018. The estate was subject to a dispute between the deceased's son, Gregory Wilcock, and his partner, Angela Thomas. Gregory was appointed as the executor of the will and sought a declaration that he was entitled to be paid a sum of $50,000 for services rendered to the deceased in accordance with a will variation agreement. Angela contested the claim, contending that Gregory had not performed the services agreed upon in the will variation agreement. The case was heard in the Supreme Court of Victoria.

The central legal issues addressed by the court were whether the will variation agreement was valid, whether Gregory had fulfilled the conditions of the agreement, and if he was entitled to the claimed sum. The court had to determine the validity of the agreement and whether Gregory's actions aligned with the terms agreed upon in the will variation agreement. Furthermore, the court needed to establish if there was sufficient evidence to support the claim for the $50,000 payment.

The court found that the will variation agreement was valid and enforceable, and Gregory had substantially performed the terms of the agreement. The court held that Gregory was entitled to the $50,000 payment, as there was clear evidence of the services rendered and the agreement to compensate Gregory for those services. The court rejected Angela's arguments and found in favour of Gregory, the executor of the estate. The court ordered that probate should issue subject to the formal requirements of the Registrar.