In Re Uscinski [2024] QSC 131, the applicant, Sally Kai Lawrence, applied for orders against the respondent, Katherine Scarlett Rose Moynihan, as the executor of the estate of Ille Uscinski. The applicant sought to bring into the registry the original grant of probate and commence proceedings for a grant in solemn form, challenging the testamentary capacity of the deceased at the time the 2018 will was executed. The Court, led by Justice Copley, reviewed evidence indicating potential lack of testamentary capacity due to the deceased's age, dementia, and dramatic change in provisions for beneficiaries. Despite the respondent submitting there were no triable issues and highlighting evidence supporting the deceased's capacity, the Court found there to be a triable issue. Consequently, orders were made for the respondent to bring the original grant of probate into the registry and start a proceeding for a grant in solemn form, alongside allowing the applicant to issue non-party disclosure notices to gather pertinent evidence.
top of page
bottom of page