In the matter of the Will of El Khoury, Marina, deceased. Khouri, Elias v Khoury, Suzanne  VSC 305
In the matter of the Will of El Khoury, Marina, deceased. Khouri, Elias v Khoury, Suzanne
PRACTICE AND PROCEDURE - Application for summary judgment on the basis that application for revocation of probate has no real prospect of success - Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd (2013) 42 VR 27 - Mandie v Memart Nominees Pty Ltd  VSCA 4 - Re Demediuk  VSC 587 - Civil Procedure Act 2010 (Vic), ss 62, 63(1), 64 - Supreme Court (General Civil Procedure) Rules 2015, r 23.02(2).
PROBATE - Application for revocation of probate granted in common form - Executor applies for summary judgment - Whether applicant for revocation has no real prospect of success - Where grounds for revocation of probate unsupported by admissible evidence - Summary dismissal granted - In the Will of Lamont (1881) 7 VLR (IP & M) 86; Re Egan (deceased)  VR 318; Estate Kouvakas; Lucas v Konakas  NSWSC 786; Re Anderson  VSC 338; Gardiner v Hughes  VSCA 167.