Glenda Phillips v James Phillips; John Matthew Phillips by his Tutor NSW Trustee & Guardian v James Phillips [2017] NSWSC 280

Glenda Phillips v James Phillips; John Matthew Phillips by his Tutor NSW Trustee & Guardian v James Phillips [2017] NSWSC 280

Given the extensive contemporaneous medical records, expert opinion, and lack of convincing counter-evidence, the Court held that William George Phillips lacked testamentary capacity at the time of executing both the 2006 and 2008 wills, and the propounder failed to discharge the onus of proving capacity on the balance of probabilities where a substantial doubt was raised.

Parties
First Plaintiff: Glenda Phillips; Second Plaintiff: Lesley Catling; Third Plaintiff: Robert Phillips; Defendant: James Christopher Phillips; Plaintiff: John Matthew Phillips by his Tutor NSW Trustee & Guardian
Jurisdiction
Australia
Judgment Date
22 March 2017
Procedural Posture
Equity Probate List / Determination of Testamentary Capacity Prior to Family Provision Claims
Outcome
Testator lacked capacity—both the 2006 and 2008 wills are invalid; probate of the 2008 will to be revoked; matter stood over for further orders concerning family provision claims and appointment of an independent administrator.
Legal Topics
Testamentary Capacity, Revocation of Probate, Family Provision Claims, Validity of Wills
Wills and Estates Probate Testamentary Capacity Revocation of Probate Family Provision Claims Validity of Wills

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Parties

Glenda Phillips

First Plaintiff

Lesley Catling

Second Plaintiff

Robert Phillips

Third Plaintiff

James Christopher Phillips

Defendant

John Matthew Phillips by his Tutor NSW Trustee & Guardian

Plaintiff

Procedural Posture

Equity Probate List / Determination of Testamentary Capacity Prior to Family Provision Claims

Legal Issues

  1. 1 Whether William George Phillips had testamentary capacity to execute the wills dated 31 October 2006 and 2 June 2008
  2. 2 Whether the grant of probate for the 2008 will should be revoked

Ratio Decidendi

Given the extensive contemporaneous medical records, expert opinion, and lack of convincing counter-evidence, the Court held that William George Phillips lacked testamentary capacity at the time of executing both the 2006 and 2008 wills, and the propounder failed to discharge the onus of proving capacity on the balance of probabilities where a substantial doubt was raised.

Court Disposition

Testator lacked capacity—both the 2006 and 2008 wills are invalid; probate of the 2008 will to be revoked; matter stood over for further orders concerning family provision claims and appointment of an independent administrator.