"I give devise and bequeath the whole of my estate both real and personal of whatsoever kind and wheresoever situated unto my said trustees upon the following trusts:

(a) to pay all my just debts funeral and testamentary expenses and all estate succession and other death duties payable in respect of any of the gifts devises or bequests under this my Will.  

(b) as to the whole of my estate in the residential property situated at 31 Halifax avenue Parafield Gardens unto my great grandchildren Sara Stilianos and Shamona Stilianos upon their attaining 18 years of age equally between them as tenants in common and in the event of either or both of my great grandchildren predeceasing me or surviving me and dying before attaining a vested interest in my estate as herein declared thereupon I declare such interest of either or both of my said great grandchildren shall be held upon trust for my son Philip Stilianos for his sole use and benefit absolutely.

(c) as to the test residue and remainder of my estate upon trust for my son Philip Stilianos for his sole use and benefit absolutely."

Erini Stiliano, 30-Nov-1993

It is now known there was a leasing document which was in Stan's possession that made squatting and claims impossible. Stan even claims in the GB hearing of 26  Aug 2004 that there was never a danger of squatting. This is contained in the transcript of that hearing.

It's June 16, 2001, and they still haven't let on that Mum's Will has left all the Rhodes land to me. He's known this for months. And he is supposed to be the Executor of her will. This among other examples is why this Executor will be removed from the Will by the beneficiaries for his endangering the estate, his dishonesty and deception, and ill-intent towards the beneficiaries. For similar reasons Anna will be removed as co-Executor.

'WHY IS AN ADMINISTRATOR NEEDED'

STATEMENT BY APPLICANT

Justification

An administrator is urgently required for my mother Erini Stiliano to protect her land in Rhodes Greece from being plundered by squatters or any other means. The land has been vacant for nearly 15-20 years. 

She has advanced Alzheimer's. 

My father died on March 20 this year and so any control of the land in Greece has disappeared. 

The solicitor in Greece who has custody of the land titles has not provided any assistance since my father's death with regard to matters concerning my mother's property, and is resisting all attempts to obtain assistance and/or information. 

Who is administering the land? Are there taxes or rates to be paid? Is the land leased? If so into whose bank account are the proceeds going to.

Are there squatters on the land who would claim ownership after 15-20 years of absence of interest by the owner? Are there illegal dealings/arrangements? Are there legal fees owing to the solicitor? Whose legal fees are they? 

Why is there no interest in anyone apart from myself and daughters in seeking an administrator for the land? After all my daughters and I live in Melbourne, my siblings are in Adelaide. I have only become involved with family politics since my father's death. I don't have to tell you that without an administrator the politics are a lot worse. 

Is it because my mother's will is said to leave her estate to my family and has redressed an imbalance of substantial assistance to others. Are those who are excluded from the Will attempting to obtain her assets before they get to me? 

I have indicated to all that any inheritance I obtain from my mother will go to my daughters equally - there is not a cent in it for me personally.

Clearly there is conflict in the family - if an administrator is appointed it might mean depending on the Will that my brothers and sisters don’t get any of it.

Only one sibling, my sister Anna, objects to this - the others respect my mother's fulfillment of her deepest wishes which she expressed many times to my sister Stella and father before her Alzheimer's that she wanted to help my children as the children of the other siblings had been taken care of. 

Regardless of the Will, my mother requires an administrator to meet her own needs. 

I would like to see a substantial improvement in the quality of private transport that she has to endure - it may be good enough for my robust sister Stella who is my mother's carer but I would like to see the vehicle upgraded to one which is airconditoned has plenty of room and is high enough off the ground for my mother to comfortably get in and out without excessive knee bending and stretch her legs inside. My mother has excruciating pain in her knees due to artificial knee joint operations that were not successful. It will also be of great benefit to my sister in physically handling her mother with the car and wheelchair handling.

I would also encourage more entertainment for my mother who had endured excessive hardship, pain and deprivation of social life on the farm for many years before her Alzheimer's.  

Well that's about as much as I wish to say at the moment about the reasons behind this application. 

Administrator Plan of Action

Whoever the administrator is, the following must be carried immediately upon appointment: 

1.     Appoint a notary Greek solicitor in Australia to take measures to protect the land in Greece from any unauthorised dealings, confiscation due to non-payment of taxes, squatting, etc. 

2.     Obtain custody of all documents from the current Rhodes solicitor. 

3.     Meet any legal expenses from my mother's assets (bank, land). 

In the longer term, sell the land at market value and transfer funds to an Australian account. Make appropriate purchases (car etc) for my mother's well being. If/when all funds transferred hand over administration to State Trustee. 

The State Trustee must be able and willing to act decisively on the plan. From my discussions with the State Trustee our situation is not something they relish or wish to deal with.
 

Statement by Philip Stilianos

23 August 2001

Adelaide 21.3.1993

Dear Salamastrakis

With this my letter I wish you inform the below.

I wish that my properties in Lahania (a) part 3869  (b) part 4331  (c) part 129 (d) part 624 and my house in Lahania Rhodes, I gift  and surrender them to daughter, Anna-Maria Itsines resident Adelaide Australia.

Signed
Erini Stiliano

From: Δημήτριος Σαλαμαστράκης (Dimitris Salamastrakis) [mailto:dimisdsr@otenet.gr]
Sent: Saturday, 23 June 2001 9:58 AM
To: Philip S
Subject

Mr Philip Stilianos

AUSTRALIA

Dear Philip

       I apologize to you for not having answered your e-mails because I had an important case to handle. It is o little difficult for me to communicate with you in English.

       The properties that it is located in Lachania Rodos, are in your mother’s name and belong to her. She is the only one who cans sale the property of the titles that have been nullified. Your father had the power of attorney to sell but now as he is dead it doesn’t valid anymore.

       In order to sell any part of the property, your mother must sign the relative contract at the presence of the notary public or the Greek Consulate. She can also appoint through o notary public or the Greek Consulate someone to sign on behalf of her. That means that she must appoint o representative. As far as I know your mother hasn’t donated legally to you any part of the property in Lachania through the notary public or the Greek Consulate. Therefore according to the Greek Law the titles of the property that you have don’t belong to you but to your mother. So you can’t sell. I don’t have the information concerning the land your mother has passed on to you. I only know the part of the property given to your sister Anna Itsines because she sent me a letter signed by your mother and your father.

        There are not legal issues to be sold, but it depends on your mother. If she is not legally able to decide and if someone else is appointed as an administrator of the count is require for the sale.  

       I will send you another letter very soon, to inform you about the pieces of land that belongs to your mother and those given to your sister Anna Itsine, by your mother.
 

My best regards.

   Dimitris Salamastrakis

FAX 78066
Adelaide 30/9/2000

To D Salamastrakis

Dear Salamastrakis,

1. Following the meeting we had in your office, in Rhodes in August, I write to you once again, <on behalf of my father-in-law Steve Stiliano regarding the property 189.

 2. We request that you make the best efforts, for the Yield in the ypo*ojpo piece in the bad decision to buy off from the State.

 3. As to me you had said then it will be good comes out the title in the heirs the names of which you I enclose in the situation that I have with this my letter.

 4. Also you I request you are acted so that it comes out title in the name of my wife Anna Itsines and Stamatis Itsines in the property that is found in location 4378, in the best economic way, and if needs attorney can Mr Stefanaras sign for my Father-in-law.

 5. I am certain myself and my wife, that you will do the best for us, please report your expenses, again we believe that we will enjoy your good effort.

 6. You I request also in order that you come in contact with the undersecretary Mr Kaiserdiathos and Mr A Pavlidi who are also both personal friends of mine and I believe that us they will help.

 7. You en*merw that first prospa ** a that you had made with regard to property 189 for yield I have afjsej Mr Kaiserdi prosopjka when * nantysa in his office in Athens, * pwmenos it knows everything.

 8. * sa you I write they is to inform my father-in-law which you greets and subscribes katwcen with me no time still you requests amas helps and ehwja your him will send whenever kjopoy you * as him you ask.

NAMES  IN THE LOCATION 189:

ANNA MARIA ITSINES AND STAMATIS ITSINES < ADDRESS >
GARY STILIANO < ADDRESS >
STELLA STILIANO < ADDRESS >
PHILIP STILIANOS < ADDRESS >

You we greet with love

S. Stiliano
S. Itsines

FAXED
 

5 August 2004

SA Guardianship Board
Prospect, Adelaide
Fax 08 8368 5699
 

Application by Philip Stilianos for Administration of Erini Stiliano

I would like the Guardianship Board to consider my application for administrator of my mother’s (Erini Stiliano) administration order which is currently being handled by the Public Trustee. I believe that the current administrator is agreeable to my assuming that role. Three Public Trustee officers I have spoken to recently would rather I be the administrator.

Protection of property against Squatters
If I am not urgently appointed as administrator then my mother will almost certainly lose her $250K (minimum) of land in Greece to squatters.

I have familiarised myself with the Guardianship and Administration Act 1993 and feel that I am in the best position to protect my mother’s overseas assets from squatters. The squatters are now legally able to claim the land.

Leasing document essential to counter squatters
I have established contacts with relatives in Greece who are able to assist me voluntarily in securing the land against squatters and disposing of land as necessary to assist in my mother’s care.

The current administrator (Public Trustee) is unable to do this or proceed any further than it has without incurring huge legal costs and long delays as it does not have the special contacts necessary to obtain at minimal cost and efficiency the essential leasing documentation and file held by Rhodes solicitor D Salamastrakis. D Salamastrakis will not release this information to the Public Trustee for reasons yet to be determined but his actions are definitely not in mother’s interests and wishes.

The special contact I refer to is a high profile owner of a large hotel complex in Rhodes Greece. He also develops/builds large hotels and has good business relationships with D Salamastrakis and other solicitors in Rhodes.

He has also very good knowledge of the people and land values in Lahania (the village where the properties are), and will obtain maximum market value by selling to the right people.

We were best mates at high school and university in Adelaide where we studied engineering.

I possess the skills that would be required in undertaking the role of administrator, and look forward to working with the Guardianship Board to provide the support that my mother needs. She would be very happy that she is being looked after by me and my relatives.

<clipped>

Please contact me if you require further statements or information.

Philip Stilianos

THIS IS THE LAST WILL AND TESTAMENT of me STEVE GEORGE STILIANO

of 33 Halifax Avenue, Parafield Gardens 5107 in the State of South Australia, Retired Labourer.

1. I REVOKE all former Wills and Testamentary dispositions heretofore made by me AND DECLARE this to be my last Will and Testament.

2. I APPOINT my children ANNA ITSINES and GARY STILIANO to be the executors and trustees of this my will.

3. I GIVE DEVISE AND BEQUEATH the while of my estate both real and personal of whatsoever kind and wheresoever situated unto my said trustees UPON TRUST to pay all my just debts funeral and testamentary expenses and all estate succession and other death duties payable in respect of any of the gifts, devises or bequests under this my Will and to STAND POSSESSED of the balance then remaining UPON TRUST for such of them my children GARY STILIANO, ANNA ITSINES, GEORGE STILIANO, STELLA STILIANO and PHILIP STILIANOS as shall survive me equally between them as tenants in common.

4. I DECLARE  that if any child of mine shall predecease me or shall survive me and die before attaining a vested interest in my estate leaving a child or children ho shall survive me such issue shall take and if more than one equally between them the share that his her or their parent would have taken had he she or they survived me and lived o attain a vested interest in my estate.

S Stiliano (signed)

Niarchos (witness)

Scarpellinni (witness)

6 Dec 1993

Dear Sir,

My mother, Mrs Erini Stiliano, owns some land in Lahania, Rhodes, Greece, which she wants to distribute to her children.

My father is currently in Greece organising these affairs on my mother's behalf. My mother recently went to the Greek Consulate in Adelaide and signed a 'POWER OF ATTORNEY' to enable my father to do this.

<clipped>

Yours sincerely,

Stella Stiliano (signed)

Dear Sir,

My mother, Mrs Erini Stiliano, owns some land in Lahania, Rhodes, Greece, which she wants to distribute to her children.

My father is currently in Greece organising these affairs on my mother's behalf. My mother recently went to the Greek Consulate in Adelaide and signed a 'POWER OF ATTORNEY' to enable my father to do this.

This document was sent to my father last week.

However, another 'POWER OF ATTORNEY' is required to be signed by the children (see the enclosed  Power of attorney sent from Greece) in order for us all to give authority to my father to transfer/sell land in Greece on our behalf.

The Consular General in Adelaide had requested we send this document to you to draw up as my brother, Philip Stilianos lives in a different State to the rest of us and he will need to sign it. According to what I have been told tis will then be sent back to me in Adelaide and the rest of the children will need to sign the Power of Attorney at the Consular General in Adelaide.

All the full Birth Certificates and my parents Marriage Certificates is currently with the Consular General of Greece, in Brisbane, for certification, and once certified will be sent back home.

If you have any queries at all, please contact the Greek Consulate in Adelaide or myself, Stella Stiliano, on (08) 2596644 (Wk) or 3908017 (Home).

Yours sincerely,

Stella Stiliano (signed)

 LEASING DOCUMENT

====================== TRANSLATION TO ENGLISH ===========================

LAND LEASE or FARM LEASE <ed: not sure which>



On the date today in 5 the month August of year 1999 between:

1) Steve Stiliano
resident Adelaide Australia and,

2) Toutsi Savva
resident Lahania, they were agreed the following:

1. First contracting they is householder of properties

that appear in the following list that is found in

Lahania.


<ed: TABLE OF LIST OF 24 PROPERTIES>


2. this real estates first contracting it lets in

second for time interval of six (6) years, that begins

5-8-1999 and it expires 4-8-2005.

3. rent is agreed the sum of Drachmas of ____ where

it is due the ____ of month ____ of each locative year, apart from the rent of first year that was due

at the signature of present.

4. The lessee is compelled he cultivates the above real estates

with any culture of choice of this,

compelled looking after inside the lettings of fields

existing productive trees. it is compelled also

it protects this real estates from by any chance from squatters

and it receives required offer measures for

protection of these being eligible it asks from the lessor

judicial expenses in which by any chance it wants it is submitted.

5. The lessee is compelled at the expiry of convention

it attributes the letting. it is compelled also to attribute

letting, after previously collects the fruits

cultures that it will make in those of trees that

they in exist in the real estates of this, provided that the lessor

experts catholic successors of this receive authorisation of building for

construction of any building in in the letting.




These agreed today contracting and are signed

present as it follows

Date 5-8-1999

CONTRACTING

1. .......... <ed:lessee signature>


2. Steve Stiliano <ed:lessor>



CERTIFICATION

Certified genuine the signatures

Date 5-8-1999

The MAYOR of SOUTHERN RHODES

HIS SECRETARY

'WHY IS AN ADMINISTRATOR NEEDED'

STATEMENT BY APPLICANT

Justification

An administrator is urgently required for my mother Erini Stiliano to protect her land in Rhodes Greece from being plundered by squatters or any other means. The land has been vacant for nearly 15-20 years. 

She has advanced Alzheimer's. 

My father died on March 20 this year and so any control of the land in Greece has disappeared. 

The solicitor in Greece who has custody of the land titles has not provided any assistance since my father's death with regard to matters concerning my mother's property, and is resisting all attempts to obtain assistance and/or information. 

Who is administering the land? Are there taxes or rates to be paid? Is the land leased? If so into whose bank account are the proceeds going to.

Are there squatters on the land who would claim ownership after 15-20 years of absence of interest by the owner?

<CLIPPED>

Administrator Plan of Action

Whoever the administrator is, the following must be carried immediately upon appointment: 

1.     Appoint a notary Greek solicitor in Australia to take measures to protect the land in Greece from any unauthorised dealings, confiscation due to non-payment of taxes, squatting, etc. 

2.     Obtain custody of all documents from the current Rhodes solicitor. 

3.     Meet any legal expenses from my mother's assets (bank, land). 

In the longer term, sell the land at market value and transfer funds to an Australian account. Make appropriate purchases (car etc) for my mother's well being. If/when all funds transferred hand over administration to State Trustee. 

The State Trustee must be able and willing to act decisively on the plan. From my discussions with the State Trustee our situation is not something they relish or wish to deal with.

Statement by Philip Stilianos

23 August 2001