Robinson v Spratt [2002] NSWSC 426

Robinson v Spratt [2002] NSWSC 426

Court was not satisfied that deceased understood the nature and effect of the dispositions in the 4 June 1993 will or the changes made by it, due to progressive dementia. Medical evidence supported lack of capacity; therefore, probate of the 1993 will was refused and probate of the 1990 will (in copy) was granted.

Jurisdiction
Australia
Judgment Date
16 May 2002
Procedural Posture
Probate / Final Judgment
Outcome
Statement of claim dismissed; probate of 26 November 1990 will granted
Legal Topics
['testamentary Capacity' 'grant of Probate' 'validity of Wills']
['wills and Probate' 'equity'] ['testamentary Capacity' 'grant of Probate' 'validity of Wills']

Case Brief

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Procedural Posture

Probate / Final Judgment

Legal Issues

  1. 1 ['Whether deceased had testamentary capacity to make will dated 4 June 1993' 'Whether probate should be granted for will of 4 June 1993 or for will dated 26 November 1990']

Ratio Decidendi

Court was not satisfied that deceased understood the nature and effect of the dispositions in the 4 June 1993 will or the changes made by it, due to progressive dementia. Medical evidence supported lack of capacity; therefore, probate of the 1993 will was refused and probate of the 1990 will (in copy) was granted.

Court Disposition

Statement of claim dismissed; probate of 26 November 1990 will granted

Orders

  • ['Order the statement of claim be dismissed.' 'Order that probate in solemn form be granted of a copy of the will dated 26 November 1990.' 'Order that it be referred to the Registrar to complete the grant.' 'Exhibits may be returned other than Exhibits A and B.']