CASE: Privet v Vovk [2005] NSWSC 1258

In April 2003, Maria Lendvai suffered a stroke and was hospitalised. As a result of the stroke, she became dependent on others for care and she would also say fantastic, unbelievable things that had friends doubting her cognitive state.

Maria was still in hospital two months later when, on 13 June 2003, a celebrant attended upon her and performed the marriage ceremony between Maria and Felix Privet.

On 30 June, the Guardianship Tribunal determined that Maria did not have capacity to make informed decisions about her accommodation and care. She was moved into a nursing home where she would spend the rest of her life.

Maria died on 14 October 2003 at the age of 81 years.

After Maria's death, Felix claimed to have the right as Maria's spouse to determined what would happen with her remains. He also produced a 2002 Will that Maria supposedly made leaving him the majority of her estate.

Maria's son Leonid applied to the Court for the alleged marriage to be declared invalid and the 2002 Will set aside.