Levy Estate - Application of Samuels [2010] NSWSC 1014

Levy Estate - Application of Samuels [2010] NSWSC 1014

The medical evidence conclusively established that Rebecca Levy lacked testamentary capacity at the time she executed the will dated 4 May 2010; therefore, the will is revoked under s 18 of the Succession Act 2006 (NSW).

Parties
Applicant: Allen Samuels; Testator: Rebecca Levy; Beneficiary (4 May 2010 Will): Ian Wheatley
Jurisdiction
Australia
Judgment Date
03 September 2010
Procedural Posture
Application / Judgment at First Instance (ex Tempore)
Outcome
Will revoked.
Legal Topics
Wills, Statutory Revocation, Testamentary Capacity
Succession Law Wills Statutory Revocation Testamentary Capacity

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Parties

Allen Samuels

Applicant

Rebecca Levy

Testator

Ian Wheatley

Beneficiary (4 May 2010 Will)

Procedural Posture

Application / Judgment at First Instance (ex Tempore)

Legal Issues

  1. 1 Whether Rebecca Levy lacked testamentary capacity at the time she made the will dated 4 May 2010.

Ratio Decidendi

The medical evidence conclusively established that Rebecca Levy lacked testamentary capacity at the time she executed the will dated 4 May 2010; therefore, the will is revoked under s 18 of the Succession Act 2006 (NSW).

Court Disposition

Will revoked.

Orders

  • Orders made in terms of paragraphs 1 and 2 of the Summons (revoking the will of 4 May 2010).