Saeedi v Pastrello

Case [2025] ACTSC 26


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Saeedi v Pastrello

Citation: 

[2025] ACTSC 26

Hearing Dates: 

5 – 6, 8 – 9, 12 August 2024

Decision Date: 

12 February 2025

Before:

Mossop J

Decision: 

See [206]

Catchwords: 

SUCCESSION – WILLS, PROBATE AND ADMINISTRATION – The making of a will – testamentary capacity – where testator elderly – where video recording existed of solicitors taking instructions – where defendant’s objections related to failure of testator to comprehend size of estate  – where video evidence consistent with testator having capacity – where solicitors consider testator had capacity – competing expert evidence – either unresolved dementia or resolved depression with psychotic features – testamentary capacity established

SUCCESSION – WILLS, PROBATE AND ADMINISTRATION – The making of a will – knowledge and approval – whether suspicious circumstances – document duly executed by testator with capacity – no suspicious circumstances to displace presumption of knowledge and approval – lack of knowledge and approval not borne out by the facts upon enquiry without aid of presumptions

SUCCESSION – EXECUTORS AND ADMINISTRATORS – Charging and commission clauses – where clause read out and explained to testator and acquiesced to as “understandable” –  where Administration and Probate Act authorises a “just” commission for executor’s services – where prospects unlikely of court approving a commission or percentage in addition to the usual professional fees – no independent concern regarding lawfulness of charging clause or its effect on the testator’s knowledge and approval of their will

Legislation Cited: 

Administration and Probate Act 1929 (ACT), s 70

Guardianship and Management of Property Act 1991 (ACT)

Cases Cited: 

Astridge v Pepper [1970] 1 NSWR 542

Bailey v Bailey (1924) 34 CLR 558

Baker v Batt (1838) 2 Moo PC 317; 12 ER 1026

Banks v Goodfellow (1870) LR 5 QB 549

Boreham v Prince Henry Hospital (1955) 29 ALJ 179

Burns v Burns [2016] EWCA Civ 37

Carr v Homersham [2018] NSWCA 65; 97 NSWLR 328

Estate Cockell; Cole v Paisley [2016] NSWSC 349

D’Apice v Gutkovich, Re Estate of Abraham (No 2) [2010] NSWSC 1333

Estate Rofe [2021] NSWSC 257

Greaves v Stolkin [2013] EWHC 1140 (Ch)

In the estate of Coonan [2023] ACTSC 320

In the estate of Ruimao Liu deceased [2019] ACTSC 49

In the matter of the estate of Jocelyn Heather Jones (deceased) [2014] ACTSC 200

King v Hudson [2009] NSWSC 1013

Lewis v Lewis [2021] NSWCA 168; 105 NSWLR 487

Mekhail v Hana [2019] NSWCA 197

Nock v Austin (1918) 25 CLR 519

Perpetual Trustee Co Ltd v Fairlie-Cunninghame (1993) 32 NSWLR 377

Re Hodges; Shorter v Hodges (1988) 14 NSWLR 698

Romascu v Manolache [2011] NSWSC 1362

Timbury v Coffee (1941) 66 CLR 277

Tobin v Ezekiel [2012] NSWCA 285; 83 NSWLR 757

Tyrrell v Painton [1894] P 151

Vukotic v Vukotic [2013] VSC 718; 12 ASTLR 238

Wintle v Nye [1959] 1 WLR 284

Worth v Clasohm (1952) 86 CLR 439

Texts Cited:

AJ Mitchell, A meta-analysis of…

Continue reading Saeedi v Pastrello

Sign in free to access the full text

Details
AGLC
Saeedi v Pastrello [2025] ACTSC 26
Case
[2025] ACTSC 26
Decision Date

CaseChat Overview and Summary

The case of Saeedi v Pastrello involved a dispute over the validity of a will executed by Lorenzo Pastrello on 18 December 2020. The plaintiffs, including Lorenzo's grandchildren, sought a grant of probate for the 2020 will, which distributed his estate among his children and grandchildren. The defendants, Lorenzo's children Eddy and Luisa, sought a grant of probate for an earlier 1988 will, which only named the children as beneficiaries. The court had to determine whether Lorenzo had the capacity to make the 2020 will and if he knew and approved its contents.

The court found that Lorenzo had the capacity to make the will. It relied on video recordings of the meeting where instructions for the will were taken, the opinions of expert witnesses, and the testimony of the lawyers present during the execution of the will. The court concluded that Lorenzo understood the nature and significance of making a will, the nature and extent of his assets, and was able to comprehend and weigh the claims of potential beneficiaries. The content of the will was also consistent with Lorenzo's previously expressed intentions.

The court further found that Lorenzo knew and approved the contents of the will. It noted that the will was properly executed and that Lorenzo had been informed of its contents before signing it. The court rejected the defendants' argument that Lorenzo lacked knowledge and approval due to suspicious circumstances, finding that the execution of the will was straightforward and that Lorenzo had understood the implications of the provisions, including the ability of the executors to charge fees.

The court granted probate of the 2020 will and dismissed the counterclaim for probate of the 1988 will. Costs were reserved for further consideration.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.