Mekhail v Hana; Mekail v Hana; In the Estate of Nadia Mekhail (No 3) [2018] NSWSC 1452

Mekhail v Hana; Mekail v Hana; In the Estate of Nadia Mekhail (No 3) [2018] NSWSC 1452

Although suspicious circumstances displaced the presumptions of capacity and knowledge and approval, the evidence of Nadia's treating doctors, Mr Liondos, and other witnesses satisfied the Court that on 12 December 2014 Nadia was of sound mind, knew she was executing a will, understood her estate, understood who benefited, and could comprehend the claims on her bounty. Nadia was comfortable describing Georgette as her daughter as a practical description of their close relationship, was not operating under a delusion, and was not coerced. Probate of the 12 December 2014 will was therefore granted. The March 2015 transfer was not authorised by the power of attorney and would have been set...

Jurisdiction
Australia
Judgment Date
05 October 2018
Procedural Posture
Probate Proceedings and Family Provision Claims in Equity / Principal Judgment Following Main Hearing
Outcome
Probate granted of Nadia Mekhail's will dated 12 December 2014; family provision claims dismissed; costs reserved for further argument.
Legal Topics
['testamentary Capacity' 'knowledge and Approval of Will' 'suspicious Circumstances' 'insane Delusions' 'undue Influence' 'power of Attorney' 'improvident and Unconscionable Transaction' 'notional Estate' 'eligible Person' 'costs Reserved']
['succession' 'probate' 'family Provision' 'equity'] ['testamentary Capacity' 'knowledge and Approval of Will' 'suspicious Circumstances' 'insane Delusions' 'undue Influence' 'power of Attorney' 'improvident and Unconscionable Transaction' 'notional Estate' 'eligible Person' 'costs Reserved']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Probate Proceedings and Family Provision Claims in Equity / Principal Judgment Following Main Hearing

Legal Issues

  1. 1 ['Whether Nadia Mekhail had testamentary capacity when she executed the will dated 12 December 2014.' "Whether Nadia knew and approved the contents of the 12 December 2014 will despite suspicious circumstances, including Georgette Hana and Bishoy Hana being present and the will describing Georgette as Nadia's daughter." 'Whether Nadia suffered from delusions that Georgette was her daughter and Adel Hana was her son-in-law.' 'Whether the 12 December 2014 will was procured by undue influence or coercion by Georgette Hana or Bishoy Hana.' 'Whether the March 2015 transfer of the South Strathfield property to Georgette Hana was authorised by the enduring power of attorney or should be set aside.' "Whether Magdy Mekhail and Youssef Mekail were eligible persons entitled to family provision from Nadia's estate."]

Ratio Decidendi

Although suspicious circumstances displaced the presumptions of capacity and knowledge and approval, the evidence of Nadia's treating doctors, Mr Liondos, and other witnesses satisfied the Court that on 12 December 2014 Nadia was of sound mind, knew she was executing a will, understood her estate, understood who benefited, and could comprehend the claims on her bounty. Nadia was comfortable describing Georgette as her daughter as a practical description of their close relationship, was not operating under a delusion, and was not coerced. Probate of the 12 December 2014 will was therefore granted. The March 2015 transfer was not authorised by the power of attorney and would have been set...

Court Disposition

Probate granted of Nadia Mekhail's will dated 12 December 2014; family provision claims dismissed; costs reserved for further argument.

Orders

  • ['Grant probate of the will of the late Nadia Mekhail dated 12 December 2014 to the defendant/cross-claimant.' 'Remit the proceedings to the Registrar to complete the grant in accordance with the rules of Court.' 'Direct the parties to file submissions in relation to all issues of costs and other matters, including...