RE ESTATE OF GEPP

80 VR 62·Barrett AsJ
80 VR 62
RE ESTATE OF GEPP Supreme Court of VictoriaBarrett AsJ 30 April, 15 June 2026[2026] VSC 375Wills and estatesProbateRevocationApplication by co-executor for revocation of grant of probate to other executorWhether conduct subsequent to grant of probate could be grounds for revocationWhether revocation of probate warranted.

The deceased died in 2023. By her last will, she appointed one of her sons, G, and a solicitor, S, as co-executors. S obtained probate in August 2024, and G in June 2025. In November 2025, S applied for revocation of the grant of probate to G, later alleging that G had wilfully withheld material which resulted in the Court being misled when applying for the grant of probate; had several conflicts of interest; and had engaged in misconduct and breaches of fiduciary duty, demonstrating unfitness to act as executor.

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