Ghosh v Ghosh

[2024] VSCA 294

Victorian Court of Appeal

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Interrogate

Catchwords

1. Administration and Probate
2. › Probate
3. › Grant of probate of copy will
4. › Lost or unavailable original will
5. › Presumption of revocation animo revocandi
6. › Whether presumption rebutted
7. › Whether trial judge erred in granting probate
1. Administration and Probate
2. › Executors
3. › Passing over executor
4. › Special or exceptional circumstances
5. › Conflict of interest
6. › Whether trial judge erred in passing over one of two executors
1. Appeal
2. › Leave to appeal
3. › Applications for leave to appeal procedural and substantive orders
4. › Whether proposed appeals have real prospect of success
5. › Supreme Court Act 1986 (Vic), s 14C
1. Appeal
2. › Standard of appellate review
3. › Findings of fact based on credibility
4. › Whether findings glaringly improbable or contrary to compelling inferences

Quick Take

The case applies settled principles regarding the grant of probate of a copy will where the original is lost, the rebuttal of the presumption of revocation animo revocandi, and the passing over of an executor in circumstances of conflict of interest. Allegations of racial or cultural bias based solely on judicial criticism of a party's conduct of proceedings will not succeed. The probate costs exceptions do not protect a party whose unreasonable conduct originated the litigation and who advanced baseless allegations of fraud.