Photios v Photios

• 1. Succession
  2. › Probate
  3. › Grant of probate in common form
  4. › Application to revoke grant
  5. › Lack of testamentary capacity
  6. › Whether application doomed to fail where arguable case established
  7. › Whether prosecution of application amounted to abuse of process
• 1. Succession
  2. › Probate
  3. › Revocation of grant of probate in common form
  4. › Delay and acquiescence
  5. › Significance of unique public interest character of probate proceedings
  6. › Whether delay and acquiescence sufficient to bar revocation
• 1. Practice and Procedure
  2. › Amendment of pleadings
  3. › Refusal of leave to amend
  4. › Amendment to challenge testamentary capacity
  5. › Whether amendment bound to fail
  6. › Whether refusal was discretionary decision or finding of abuse of process
  7. › Conditions to be imposed on amendment
  8. › Civil Procedure Act 2005 (NSW), s 56
• 1. Equity
  2. › Acquiescence
  3. › Meaning of acquiescence
  4. › Whether calculated deliberate and informed inaction established
  5. › Whether acquiescence apt to be decided on summary basis

Quick Take