CASE: Petrovski v Nasev; the estate of Janakievska [2011] NSWSC 1275

Vasilka Janakievska, also known as Vasa Janakievska, died on 29 May 2009 at the age of 87 years.

During her life she made two Wills – one in April 1999 and another in December 2004.

For many years leading up to the execution of the 2004 Will, Vasilka was harassed and threatened by her brother-in-law Alex Nasev. He was demanding that she leave her Erskineville house to him.

In 2004 Alex took Vasilka to see his solicitor and was present when Vasilka signed her last Will in which she left him the Erskineville house as well as half the residue of her estate.

It was only after Vasilka's death in 2009 that her family found out about the 2004 Will. They argued that the 2004 Will was invalid on the basis that it was done under Alex's influence and that it did not reflect Vasilka's true wishes.