The Estate of Anable [2024] NSWSC 579

The Estate of Anable [2024] NSWSC 579

The material established that at the time of the Second Will the Deceased was suffering from Alzheimer's disease and lacked testamentary capacity, and that at the time of the First Will he had testamentary capacity. Every interested person had notice and no one sought to propound the later will, so probate of the First Will was granted to the Plaintiff in solemn form and a declaration was made as to testamentary capacity at the time of the First Will.

Jurisdiction
Australia
Judgment Date
10 May 2024
Procedural Posture
Probate / Ex Tempore Judgment (revised)
Outcome
Probate granted of the First Will and declaration made that the testator had testamentary capacity at the time of the First Will.
Legal Topics
['testamentary Capacity' 'homemade Wills' 'grant of Probate' "alzheimer's Disease" 'probate in Solemn Form']
['succession' 'probate'] ['testamentary Capacity' 'homemade Wills' 'grant of Probate' "alzheimer's Disease" 'probate in Solemn Form']

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Procedural Posture

Probate / Ex Tempore Judgment (revised)

Legal Issues

  1. 1 ['Whether probate should be granted of the will made on 24 October 2013.' 'Whether the deceased had testamentary capacity at the time of the will made on 24 October 2013.' 'Whether the will made on 10 December 2019 was invalid because the deceased lacked testamentary capacity.']

Ratio Decidendi

The material established that at the time of the Second Will the Deceased was suffering from Alzheimer's disease and lacked testamentary capacity, and that at the time of the First Will he had testamentary capacity. Every interested person had notice and no one sought to propound the later will, so probate of the First Will was granted to the Plaintiff in solemn form and a declaration was made as to testamentary capacity at the time of the First Will.

Court Disposition

Probate granted of the First Will and declaration made that the testator had testamentary capacity at the time of the First Will.

Orders

  • ['Grant of probate of the will made on 24 October 2013 to the Plaintiff in solemn form.' 'Declaration that at the time of the will made on 24 October 2013 the Deceased had testamentary capacity.']