Estate El Chami; Habib v El Chami [2016] NSWSC 1208

Estate El Chami; Habib v El Chami [2016] NSWSC 1208

The 2014 will was invalid because the deceased lacked testamentary capacity and was subject to delusional beliefs that fundamentally affected its terms; therefore, the 1992 will was admitted to probate with administration granted to the first defendants.

Parties
Plaintiff: Elias Habib; First Defendant (legal Personal Representative of Late Salim Yacoub El Chami): Sonya El Chami; First Defendant (legal Personal Representative of Late Salim Yacoub El Chami): Samia Barbara Rozman; Second Defendant (administrator of Estate of Late Elias Yacoub El Chami): Deeb Aquabani
Jurisdiction
Australia
Judgment Date
31 August 2016
Procedural Posture
Principal Judgment, Probate Proceedings / Final Orders After Hearing and Supplementary Reasons on Costs
Outcome
The 2014 will not admitted to probate; the 1992 will admitted to probate in solemn form; letters of administration granted to first defendants; costs of all parties to be paid out of the estate.
Legal Topics
Making of a Will, Testamentary Capacity, Soundness of Mind, Memory and Understanding, Delusions and Lack of Understanding of Will
Succession Law Making of a Will Testamentary Capacity Soundness of Mind, Memory and Understanding Delusions and Lack of Understanding of Will

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Parties

Elias Habib

Plaintiff

Sonya El Chami

First Defendant (legal Personal Representative of Late Salim Yacoub El Chami)

Samia Barbara Rozman

First Defendant (legal Personal Representative of Late Salim Yacoub El Chami)

Deeb Aquabani

Second Defendant (administrator of Estate of Late Elias Yacoub El Chami)

Procedural Posture

Principal Judgment, Probate Proceedings / Final Orders After Hearing and Supplementary Reasons on Costs

Legal Issues

  1. 1 Whether the deceased had testamentary capacity at the time of making the 2014 will
  2. 2 Whether the deceased knew and approved the contents of the 2014 will
  3. 3 Whether the 2014 will should be admitted to probate in solemn form and who should be granted administration

Ratio Decidendi

The 2014 will was invalid because the deceased lacked testamentary capacity and was subject to delusional beliefs that fundamentally affected its terms; therefore, the 1992 will was admitted to probate with administration granted to the first defendants.

Court Disposition

The 2014 will not admitted to probate; the 1992 will admitted to probate in solemn form; letters of administration granted to first defendants; costs of all parties to be paid out of the estate.

Orders

  • Order that the will of the deceased dated 15 April 1992 be admitted to probate in solemn form.
  • Order that letters of administration with the will annexed be granted to the first defendants.