The Estate of Milan Zlatevski; Geroska v Zlatevski

The Estate of Milan Zlatevski; Geroska v Zlatevski was a contested probate case heard in the Supreme Court of Victoria. The deceased, Milan Zlatevski, died leaving a will that excluded his son, Dejan Geroska, who brought an action to challenge the validity of the will on various grounds. The primary issues before the court were whether the deceased's age, illness, and the exclusion of his son from his will raised doubts about his testamentary capacity, and whether there were any false misrepresentations that invalidated the will. The court had to determine if the deceased had the ability to understand the nature and value of his estate, and if he was suffering from any insane delusions that might have affected the provisions of the will.

The court examined the deceased's medical history, age, and the circumstances surrounding the execution of the will. It considered whether the deceased had the capacity to comprehend and appreciate the claims to which he ought to have given effect. The court also assessed the impact of the deceased's illness on his decision-making abilities and whether the exclusion of his son from the will could be indicative of testamentary incapacity. Furthermore, the court analysed the evidence regarding any alleged false representations made to the deceased before the execution of the will.

The court found that the deceased did not suffer from any significant cognitive impairments that would have affected his testamentary capacity. The exclusion of the son from the will was deemed to be a genuine expression of the deceased's wishes, rather than a product of incapacity or undue influence. The court concluded that there was no evidence of false misrepresentations that would have vitiated the will. Therefore, the will was upheld, and Dejan Geroska's challenge was dismissed. The court's decision was based on a thorough assessment of the deceased's mental state and the circumstances surrounding the execution of the will.