Bull v Fulton [1942] HCA 13

Bull v Fulton [1942] HCA 13

The majority (Latham CJ and Williams J) held that the testatrix was suffering from insane delusions concerning the conduct of certain relatives. These delusions directly affected the provisions of her will, and the propounder failed to establish that these delusions did not influence the testamentary dispositions. Therefore, the will and codicil were invalid due to lack of testamentary capacity at the relevant times.

Parties
Appellants: Bull and Others; Respondent: Fulton
Jurisdiction
Australia
Procedural Posture
Appeal / On Appeal From the Supreme Court of Victoria
Outcome
Appeal allowed. Order absolute set aside except as to costs and order nisi discharged.
Legal Topics
Testamentary Capacity, Insane Delusions, Onus of Proof, Validity of Wills
Wills and Estates Probate Testamentary Capacity Insane Delusions Onus of Proof Validity of Wills

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Parties

Bull and Others

Appellants

Fulton

Respondent

Procedural Posture

Appeal / On Appeal From the Supreme Court of Victoria

Legal Issues

  1. 1 Whether the testatrix Elizabeth Bull had testamentary capacity when executing her will and codicil dated 24 July 1940 and 23 August 1940, or was affected by insane delusions influencing her dispositions.

Ratio Decidendi

The majority (Latham CJ and Williams J) held that the testatrix was suffering from insane delusions concerning the conduct of certain relatives. These delusions directly affected the provisions of her will, and the propounder failed to establish that these delusions did not influence the testamentary dispositions. Therefore, the will and codicil were invalid due to lack of testamentary capacity at the relevant times.

Court Disposition

Appeal allowed. Order absolute set aside except as to costs and order nisi discharged.

Orders

  • Probate of the will and codicil propounded refused.
  • Costs of appeal of appellants and respondent to be paid out of the estate.