Re Gao

In this case, the applicant sought the revocation of a grant of probate in relation to a deceased's will. The dispute centred around the validity of the will presented for probate and the circumstances surrounding its creation and execution. The case was heard in the Supreme Court of Victoria.

The court was required to determine whether the particulars provided in the application established a prima facie case for revocation. This involved examining the significant differences between the will presented for probate and the penultimate will, and assessing whether the testator knew and approved of the contents of the will in question. The court also had to consider the suspicious circumstances surrounding the creation and execution of the will, including the lack of independent witnesses and the potential for undue influence.

In reaching its decision, the court considered the relevant legal principles and authorities, including Gardiner v Hughes (No 2) [2019] VSCA 198 and Veall v Veall (2015) 46 VR 123. The court found that the applicant had established a prima facie case for revocation, based on the significant differences between the two wills and the suspicious circumstances surrounding the creation and execution of the will in question. The court concluded that it was necessary to conduct a further inquiry into the matter to determine whether the will was valid and should be admitted to probate.

The court ordered that the grant of probate be revoked and that a further inquiry be held to determine the validity of the will in question. The court also ordered that the applicant be granted leave to apply for the further inquiry, and that the respondent bear the costs of the application.