| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
IN ITS PROBATE JURISDICTION
TRUSTS, EQUITY AND PROBATE LIST
S PRB 2023 18563
IN THE MATTER of the Estate of KATHLEEN ELLEN VERONICA MCKENZIE (deceased)
BETWEEN:
| CORY JAMES WATTS & ANOR (according to the attached Schedule) | Plaintiffs |
| v | |
| LOUISE NARELLE CARDELL | Applicant |
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JUDGE: | Daly AsJ |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 15 May 2025 |
DATE OF JUDGMENT: | 28 May 2025 |
CASE MAY BE CITED AS: | Re McKenzie: Watts v Cardell |
MEDIUM NEUTRAL CITATION: | [2025] VSC 295 |
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PROBATE — Application for the revocation of a grant of probate — Whether the applicant’s grounds of objection establish a prima facie case for revocation — Whether particulars of grounds of objection involving allegations that the deceased’s will was made in suspicious circumstances, was procured by undue influence or that the deceased did not know or approve the contents of the will should be struck out — Montalto v Sala (2016) 15 ASTLR 393 and Gardiner v Hughes [No 2] [2019] VSCA 198 referred to — Offending grounds unsustainable and should be struck out.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiffs | Mr S Gannon of counsel | BJT Legal |
| For the Applicant | Mr P Duggan of counsel | Mann Legal |
HER HONOUR:
Introduction and background
Kathleen McKenzie (‘deceased’) died on 7 March 2023 at the age of 99. She was not married at the time of her death, and had borne no children. She made her last will on 7 March 2018 (‘2018 will’), in which she nominated the plaintiffs, her great-nephew, Cory Watts (‘Cory’) and another person, Paul Ryan, as the executors and trustees of her estate.
The plaintiffs obtained probate of the 2018 will on 24 August 2023. The inventory of assets annexed to the application for a grant of probate shows that the deceased held real estate (being farmland) valued at $2,665,000, and personal assets (mostly livestock, shares and chattels) valued at $119,203.53. The 2018 will, which was drawn up and witnessed by a solicitor from Harwood Andrews,[1] provided for pecuniary legacies of $2,000 each to be paid to Cory, his siblings Scott and Kassey, and their mother Lucinda, with the residue of the estate to pass to Cory, and then to Scott if Cory predeceased the deceased.
[1]The second witness was a law clerk employed by Harwood Andrews.
The dispositions in the 2018 will were different from those made in the deceased’s penultimate will (‘2014 will’), which was made on 17 December 2014. In the 2014 will, the deceased left some modest pecuniary legacies to some relatives, and left the bulk of her estate to her sister, Noela Stevens (who died in 2017), then to a nephew, Graham Fridey, who also predeceased the deceased, then to any of Graham’s living children.[2] Also in evidence were wills made by the deceased in 1998, 2008 and 2011 (‘prior wills’).
[2]The current applicant, Louise Cardell, is Graham Fridey’s only child.
On 9 April 2024, Lucinda Watts, the niece of the deceased and Cory’s…
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- AGLC
- Re McKenzie: Watts v Cardell [2025] VSC 295
- Case
- [2025] VSC 295
- Decision Date
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