In the matter of the Will of El Khoury, Marina, deceased. Khouri, Elias v Khoury, Suzanne [2018] VSC 305

PRACTICE AND PROCEDURE, PROBATE
Judgment type: 
Supreme Court of Victoria
Judge(s): 
Derham AsJ
Parties: 

In the matter of the Will of El Khoury, Marina, deceased. Khouri, Elias v Khoury, Suzanne

Judgment Date: 
13 June 2018
Catchwords: 

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 [2016] VSCA 4 - Re Demediuk [2016] 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) [1963] VR 318; Estate Kouvakas; Lucas v Konakas [2014] NSWSC 786; Re Anderson [2017] VSC 338; Gardiner v Hughes [2017] VSCA 167.

Citation: 
[2018] VSC 305