Re Sebasio

In the case of Re Sebasio, the deceased, Thomas Sebasio, passed away in April 2020. The applicant, Glen Sebasio, sought a grant of probate for a will dated 21 March 2011, while the respondent, Kristine Sebasio, contested the application on the basis that the deceased lacked testamentary capacity at the time he executed a 2018 revocation and will. The court was required to determine whether the deceased had the necessary testamentary capacity at the time of executing the 2018 revocation and will. This involved examining the evidence presented by both parties and assessing the credibility of witnesses, including the Schedings, who witnessed the 2018 revocation and will, and who attested to the deceased's capacity at that time.

The court found that the deceased had testamentary capacity at the time he executed the 2018 revocation and will. The evidence presented by the Schedings, who witnessed the documents, indicated that the deceased was fully engaged and capable of understanding the implications of the documents. The court also found that the applicant's evidence, which suggested that the deceased lacked capacity, was not persuasive. The court accepted that the deceased had some awareness of his family and could make evaluations as to how his estate should be distributed, but found that his preferred method of distribution was through a formal will prepared by a solicitor, which was consistent with the 2011 will.

The court granted a grant of probate in solemn form of law of the will dated 21 March 2011 to Glen Thomas Sebasio. The parties were directed to file and serve written submissions as to costs by 4.00pm on 19 August 2020, and the question of costs would be determined on the papers.