Estate Sue [2016] NSWSC 721

Estate Sue [2016] NSWSC 721

At the time the 2012 will was made, the deceased lacked testamentary capacity because a disorder of the mind (delusional disorder) poisoned her affections, perverted her sense of right, and prevented the exercise of natural faculties, influencing her will and causing a disposition she would not have made had her mind been sound. Accordingly, the 2012 will is invalid and probate is revoked.

Parties
Plaintiff/cross Defendant: Jay Lily Harwood; First Defendant/cross Claimant: David Channon Walker; Second Defendant/cross Claimant: Christopher Channon Walker
Jurisdiction
Australia
Judgment Date
07 June 2016
Procedural Posture
Contested Probate Proceedings / Judgment Following Hearing on Revocation of Probate Grant and Application for Probate
Outcome
Probate of the 2012 will revoked; probate of the 2000 will granted to plaintiff in common form; proceedings referred to Registrar for completion of grant; plaintiff to produce evidence of due execution of the 2000 will.
Legal Topics
Testamentary Capacity, Revocation of Probate, Grant of Probate, Wills, Delusional Disorder, Practice of Probate Grants
Succession Law Equity Probate Testamentary Capacity Revocation of Probate Grant of Probate Wills Delusional Disorder +1 more

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Parties

Jay Lily Harwood

Plaintiff/cross Defendant

David Channon Walker

First Defendant/cross Claimant

Christopher Channon Walker

Second Defendant/cross Claimant

Procedural Posture

Contested Probate Proceedings / Judgment Following Hearing on Revocation of Probate Grant and Application for Probate

Legal Issues

  1. 1 Whether the deceased had testamentary capacity when executing the 2012 will
  2. 2 Whether the 2012 will was influenced by a delusional disorder
  3. 3 Whether the onus to prove validity of the 2012 will was discharged

Ratio Decidendi

At the time the 2012 will was made, the deceased lacked testamentary capacity because a disorder of the mind (delusional disorder) poisoned her affections, perverted her sense of right, and prevented the exercise of natural faculties, influencing her will and causing a disposition she would not have made had her mind been sound. Accordingly, the 2012 will is invalid and probate is revoked.

Court Disposition

Probate of the 2012 will revoked; probate of the 2000 will granted to plaintiff in common form; proceedings referred to Registrar for completion of grant; plaintiff to produce evidence of due execution of the 2000 will.

Orders

  • ORDER that the grant of probate made to the defendants on 4 October 2013, in respect of the purported will dated 23 March 2012 of Lynette Garrard Sue, be revoked.
  • ORDER that probate of the will of the deceased dated 24 October 2000 be granted to the plaintiff in common form.