Bracher v Jones [2020] NSWSC 1024

Bracher v Jones [2020] NSWSC 1024

Probate of the will dated 19 June 2013 was revoked because Stephen Alan Jones did not establish that Leila Jean Jones had testamentary capacity in the actual circumstances in which that will was made. Although her general impairment was described as mild cognitive impairment, the will was made in circumstances of extreme doubt, suspicion, short-term memory deficits, emotional stress, an unexplained abandonment of long-held testamentary intentions, and incessant pressure from Stephen. The Court also found that, if testamentary capacity were not lacking, the same circumstances established practical coercion amounting to undue influence in the probate sense. The Court did not base the result...

Jurisdiction
Australia
Judgment Date
05 August 2020
Procedural Posture
Equity; Contested Probate and Family Provision Proceedings Concerning the Estate of Leila Jean Jones / Principal Judgment After Hearing
Outcome
The Court ordered revocation of probate of the will dated 19 June 2013 and probate of the will dated 28 June 2010 in solemn form, with remaining issues to be addressed by short minutes and further listing if required.
Legal Topics
['testamentary Capacity' 'knowledge and Approval' 'undue Influence' 'revocation of Probate' 'probate in Solemn Form' 'family Provision']
['succession' 'probate' 'equity'] ['testamentary Capacity' 'knowledge and Approval' 'undue Influence' 'revocation of Probate' 'probate in Solemn Form' 'family Provision']

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Procedural Posture

Equity; Contested Probate and Family Provision Proceedings Concerning the Estate of Leila Jean Jones / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether Leila Jean Jones had testamentary capacity when she made the will dated 19 June 2013.' 'Whether Leila Jean Jones knew and approved the contents of the will dated 19 June 2013.' 'Whether Stephen Alan Jones exercised undue influence causing Leila Jean Jones to make the will dated 19 June 2013.' 'Whether the grant of probate of the will dated 19 June 2013 should be revoked and the will dated 28 June 2010 admitted to probate in solemn form.']

Ratio Decidendi

Probate of the will dated 19 June 2013 was revoked because Stephen Alan Jones did not establish that Leila Jean Jones had testamentary capacity in the actual circumstances in which that will was made. Although her general impairment was described as mild cognitive impairment, the will was made in circumstances of extreme doubt, suspicion, short-term memory deficits, emotional stress, an unexplained abandonment of long-held testamentary intentions, and incessant pressure from Stephen. The Court also found that, if testamentary capacity were not lacking, the same circumstances established practical coercion amounting to undue influence in the probate sense. The Court did not base the result...

Court Disposition

The Court ordered revocation of probate of the will dated 19 June 2013 and probate of the will dated 28 June 2010 in solemn form, with remaining issues to be addressed by short minutes and further listing if required.

Orders

  • ["An order will be made for the revocation of the grant of probate of the deceased's will dated 19 June 2013." "An order will be made for the grant of probate of the deceased's will dated 28 June 2010 in solemn form." 'The parties are directed to confer for the purpose of preparing short minutes of order to give...