SC: Dismissal, Being the Severest Punishment, Should be Imposed Only For Grave Misconduct  ||  SC: Constructive Res Judicata Applies to Grounds Omitted Through Negligence or Inadvertence  ||  Madras High Court: Honour Killing is a Shameful Act and an Extreme Manifestation of Casteism  ||  Bombay High Court: Traditional Families Often Hesitate to Report Sexual Offences  ||  Jharkhand High Court Directs Circle Officers to Digitally Verify Land Records and Remove Mismatches  ||  MP High Court: Writ Court Cannot Grant Interim Relief Once Party is Relegated to Alternate Forum  ||  Supreme Court Issues Directions to Speed Up MACT Claims Amid Six-Year Average Pendency  ||  Supreme Court: Sex Selection Practices Continues Due to Preference For Male Children  ||  Supreme Court: Injury From a Fallen Tree is Not a Motor Accident for MACT Claims  ||  Madras HC: Recent Tamil Nadu Elections Reflect Voting Beyond Caste and Community Considerations    

Fairclough v. Cvitan - (15 Oct 2019)

Parties to a probate action cannot simply consent to a solemn form grant in respect of a will without offering of sufficient evidence for Court’s satisfaction

Family

In the present probate action, the last will and testament of the late Anka Cvitan (the deceased), who died on 1 September 2013 is sought to be proved in solemn form. The will in question was executed on 13 June 2008 (the 2008 will). The action has been set down for a trial on an unopposed basis pursuant to Order 73 Rule 19 of the Rules of the Supreme Court, 1971. The question rasied in present case is whether Court should pronounce will in solemn form.

The objective was for the court to be satisfied as to the issuing of a grant of probate in solemn form. As seen, the acceptance of the appointment as administrator by the Public Trustee is contingent upon the court being so satisfied and issuing such a grant. The parties to a probate action cannot simply consent to a solemn form grant being made in respect of a will without the offering of sufficient evidence to provide a justifiable basis for the Court to be satisfied to the requisite standard to issue a grant in solemn form.

The compromise arrangement under the heads of agreement effectively makes all children equal residuary beneficiaries incurred and provides for an equal contribution of $100,000 each towards the legal costs of Krystyna and Srecko in this action. From the material before the Court, it would appear that a one-quarter residuary share will exceed Srecko's previously bequested sum of $50,000.

A grant of probate in solemn form as proposed should issue. The last will and testament of the late Anka Cvitan dated 13 June 2008 (Will) is valid and has force and effect in solemn form of law as the Will of the late Anka Cvitan.

Tags : WILL   PROBATE   GRANT  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved