Supreme Court - Trial Division

Farrell v Boston [2016] QSC 278 (16/4637) Holmes CJ 29 November 2016

Full-text: QSC16-278.pdf

Catchwords

SUCCESSION – PROBATE AND LETTERS OF ADMINISTRATION – ALTERATION AND REVOCATION OF GRANTS – DISCOVERY OF WILL AND INVALIDITY OF WILL – where the respondent obtained a grant of probate in respect of a will dated 3 August 2007 ( the “2007 will”) – where the applicant applies for an order that the grant of probate be set aside as made under a mistake of fact – where the applicant submits that regard was not given to a document he claims to be a later will of the deceased dated 15 March 2013 (the “2013 document”) – where the applicant claims, without evidence, that the 2007 will was executed by an imposter – whether the 2007 will is authentic - whether the 2013 document is authentic and valid – whether there was any mistake in the grant of probate