Di Cecco v Contini [2004] VSC 211

Armando Contini died in 2002 leaving three adult children. His daughter Giuliana and his two sons Fulvio and Mario.

In the last 10 or so years of his life, there was a severe breakdown in Armando’s relationship with his two sons – involving two significant disputes and loss of contact.

In contrast, during that time Giuliana had stepped up to provide more care and companionship to her father.

This resulted in Armando executing his final Will to leave most of his estate to Giuliana and make minimal provisions for his sons.

After his death, the sons contested the estate claiming that their father did not have capacity at the time he made his last Will.

Armanda had anticipated that his sons would challenge his estate and he took steps to thwart them.