Tsagouris v Bellairs

In the matter of Tsagouris v Bellairs, the applicants sought to admit a handwritten document, dated 6 June 2002, to probate as the will of the deceased, who passed away in 2017. The applicants, Dimitrios and Katarina, initially sought a grant in common form but later amended their application to seek a grant in solemn form. The deceased left the document, which was not witnessed in accordance with the Wills Act 1936 (SA), but the applicants argued that it was intended to be their father’s will. Testamentary capacity of the deceased was raised as an issue but was later withdrawn before the hearing of the application.

The legal issues before the court included whether the document satisfied the requirements of section 12(2) of the Wills Act 1936 (SA), whether the document was intended to be the deceased’s will, and whether the applicants should be appointed as executors of the will. The court had to consider the information before it regarding the testamentary capacity of the deceased, and whether the applicants were appointed executors according to the tenor of the will. The court also had to decide whether, in the circumstances, it should direct a grant of probate in solemn or common form.

The court found that the document was intended to be the deceased’s will and that the applicants were appointed executors according to its tenor. The court also found that the allegations of lack of testamentary capacity were withdrawn before evidence was led, and that the grant of probate could be made in common form. The court ordered that the document dated 6 June 2002 be admitted to probate as the will of the deceased pursuant to section 12(2) of the Wills Act 1936 (SA), and that the will be admitted to probate in common form. The court also ordered that Dimitrios Tsagouris and Katarina Gkargkasoula are the executors of the will of the deceased dated 6 June 2002 according to its tenor.