Edith White v Judith Liane Wills [2014] NSWSC 1160

Edith White v Judith Liane Wills [2014] NSWSC 1160

The Court held that the relationship between the plaintiff and defendant did not give rise to a presumption of undue influence, nor did the evidence support a finding of actual undue influence. The plaintiff's decision to enter the deed and execute her will was the result of her independent and informed intention, motivated by concern for her daughter's mental health and a longstanding family intention that the defendant should manage the family companies. The deed was not improvident, did not deprive the plaintiff of assets or income, and was entered into following full legal advice and understanding. The Contracts Review Act 1980 did not apply, as there was no unjustness or...

Jurisdiction
Australia
Judgment Date
22 August 2014
Procedural Posture
Principal Judgment / Final Judgment
Outcome
Plaintiff's claims dismissed; deed not to revoke the will and the will are valid and not set aside.
Legal Topics
['undue Influence' 'probate' 'declarations' 'contracts Not to Revoke Wills' 'unjust Contracts' 'presumption of Undue Influence' 'improvident Transaction' 'independent Advice' 'contracts Review Act']
['equity'] ['undue Influence' 'probate' 'declarations' 'contracts Not to Revoke Wills' 'unjust Contracts' 'presumption of Undue Influence' 'improvident Transaction' 'independent Advice' 'contracts Review Act']

Case Brief

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Procedural Posture

Principal Judgment / Final Judgment

Legal Issues

  1. 1 ['Whether the deed not to revoke the will and the will of 26 July 2013 were induced by undue influence and should be set aside.' 'Whether the deed not to revoke the will is unjust within the meaning of the Contracts Review Act 1980.']

Ratio Decidendi

The Court held that the relationship between the plaintiff and defendant did not give rise to a presumption of undue influence, nor did the evidence support a finding of actual undue influence. The plaintiff's decision to enter the deed and execute her will was the result of her independent and informed intention, motivated by concern for her daughter's mental health and a longstanding family intention that the defendant should manage the family companies. The deed was not improvident, did not deprive the plaintiff of assets or income, and was entered into following full legal advice and understanding. The Contracts Review Act 1980 did not apply, as there was no unjustness or...

Court Disposition

Plaintiff's claims dismissed; deed not to revoke the will and the will are valid and not set aside.

Orders

  • ["Plaintiff's application for declarations and to set aside the deed is dismissed." 'No order made to set aside the deed under either ground of undue influence or Contracts Review Act.']