CASE: Galic v Engelina Maria Sellin as executrix of the estate of Milan Glavota [2025] WASCA1

Wills are important documents to be taken seriously, both in the drafting and the signing. They distribute the deceased person’s wealth and possessions. You definitely don't want there to be any uncertainty as to what a clause in the Will means.

In this case, a difference in interpretation was worth more than $7million.

Lucija Glavota's last Will made the following gift:

"I GIVE all my house & land (including the old house sitting on my property) to my said nephew MILAN GLAVOTA absolutely."

The gift was subject to a condition that Milan pay 90% of the market value of the property to 8 other beneficiaries within 5 years.

Milan didn't pay the beneficiaries within the 5 years because his solicitor advised him that he didn't have to.

Six years after Lucija's death, Milan too died and his executor needed to know:

(a) did the land form part of Milan's estate?

(b) did Milan's solicitor give him incorrect advice?