Re Klapsas; Klapsas v Muscat

In the matter of the estate of Klapsas, deceased, the daughter of the deceased, the applicant, sought to have the 2002 will of the deceased revoked on the basis of suspicious circumstances. The deceased had originally made a will in 1981 leaving the majority of his estate to his son, the respondent, and later made a will in 2002 revoking the 1981 will and leaving the estate to his daughter. The applicant alleged that the circumstances of the making of the 2002 will were suspicious, including the absence of an attestation clause, the deceased’s limited ability to read English, and the absence of evidence from the solicitor who prepared the will. The son disputed the applicant’s claims and the case proceeded to the Supreme Court of Victoria.

The court had to determine whether there were suspicious circumstances surrounding the execution of the 2002 will such that it should be revoked. The court considered whether the absence of an attestation clause and the deceased’s limited ability to read English created suspicion, and whether the absence of evidence from the solicitor who prepared the will created suspicion. The court also considered whether the presence of both the son and daughter during the execution of the will created suspicion, and whether the son’s financial difficulties explained the change of beneficiary.

The court held that suspicious circumstances were not established. While the absence of an attestation clause and the deceased’s limited ability to read English did create some suspicion, the absence of evidence from the solicitor did not. The court held that the presence of both the son and daughter during the execution of the will did not create suspicion, and that the son’s financial difficulties explained the change of beneficiary. The court noted that the applicant had not shown that the suspicious circumstances were connected to the execution of the will. The application to revoke the 2002 will was dismissed.

The court made no orders as to costs.