Craig-Bridges v NSW Trustee and Guardian [2017] NSWCA 197

Craig-Bridges v NSW Trustee and Guardian [2017] NSWCA 197

The evidence (including unchallenged lay and expert evidence) raised substantial doubt as to the deceased's testamentary capacity at the times of the November 2011, November 2012 and February 2013 wills. The NSW Trustee & Guardian, as proponent, failed to discharge the onus of satisfying the Court of capacity under the test in Banks v Goodfellow. The primary judge erred in relying on lay evidence not probative of relevant elements and in giving weight to the simplicity of the wills. Probate should be granted in respect of the June 2011 will.

Jurisdiction
Australia
Judgment Date
08 August 2017
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
['testamentary Capacity' 'probate' 'family Provision' 'appeals Procedure']
['succession'] ['testamentary Capacity' 'probate' 'family Provision' 'appeals Procedure']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the deceased, Mrs Ella Minnie Lillian Bush, had testamentary capacity when she made wills in November 2011, November 2012 and February 2013.' 'Whether the primary judge erred in findings of capacity and in the application of the onus of proof as to capacity.' 'Whether the November 2011, November 2012 and February 2013 wills are valid and whether probate should be granted for one or more of them.']

Ratio Decidendi

The evidence (including unchallenged lay and expert evidence) raised substantial doubt as to the deceased's testamentary capacity at the times of the November 2011, November 2012 and February 2013 wills. The NSW Trustee & Guardian, as proponent, failed to discharge the onus of satisfying the Court of capacity under the test in Banks v Goodfellow. The primary judge erred in relying on lay evidence not probative of relevant elements and in giving weight to the simplicity of the wills. Probate should be granted in respect of the June 2011 will.

Court Disposition

Appeal allowed

Orders

  • ['Appeal allowed in proceedings 2015/377596, 2015/229491, and 2015/00223952.' 'Orders made on 16 December 2016 set aside in each proceeding.' 'Probate in solemn form of the will of the late Ella Minnie Lillian Bush dated 8 June 2011 granted to Helene Janelle Craig-Bridges; proceeding referred to Probate Registrar to...