Saeedi v Pastrello

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.