Hobhouse v Macarthur-Onslow [2016] NSWSC 1831

Hobhouse v Macarthur-Onslow [2016] NSWSC 1831

Lady Macarthur-Onslow had testamentary capacity when executing her 2004 will, but due to her dementia she did not sufficiently know and approve of the provisions (cll 16(a)(i)-(ii), 17(a)(i)-(ii)) giving Lee Macarthur-Onslow control of Kalemon and thus the discretionary trust; therefore probate is granted for the 2004 will but with those clauses excised.

Parties
Plaintiff: Katrina Julia Denzil Hobhouse; First Defendant: Lee Macarthur-Onslow; Second Defendant: Perpetual Trustee Company Limited; Third Defendant: John Ashton Beardow; Fourth Defendant: Stephen John Rogers; Fifth Defendant: Andrew William Martin
Jurisdiction
Australia
Judgment Date
16 December 2016
Procedural Posture
Probate Dispute / Final Judgment
Outcome
Probate granted for 2004 will with disputed clauses excised; plaintiff's claim dismissed.
Legal Topics
Testamentary Capacity, Knowledge and Approval, Severance of Testamentary Instruments, Probate, Distribution of Estate
Succession Law Equity Testamentary Capacity Knowledge and Approval Severance of Testamentary Instruments Probate Distribution of Estate

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Parties

Katrina Julia Denzil Hobhouse

Plaintiff

Lee Macarthur-Onslow

First Defendant

Perpetual Trustee Company Limited

Second Defendant

John Ashton Beardow

Third Defendant

Stephen John Rogers

Fourth Defendant

Andrew William Martin

Fifth Defendant

Procedural Posture

Probate Dispute / Final Judgment

Legal Issues

  1. 1 Did Lady Dorothy Wolseley Macarthur-Onslow have testamentary capacity at the time she executed her 2004 will?
  2. 2 Did she know and approve the contents of the 2004 will, particularly provisions giving control of the trustee of the family discretionary trust to Lee Macarthur-Onslow?
  3. 3 Should parts of the 2004 will be severed on grounds of lack of knowledge and approval?

Ratio Decidendi

Lady Macarthur-Onslow had testamentary capacity when executing her 2004 will, but due to her dementia she did not sufficiently know and approve of the provisions (cll 16(a)(i)-(ii), 17(a)(i)-(ii)) giving Lee Macarthur-Onslow control of Kalemon and thus the discretionary trust; therefore probate is granted for the 2004 will but with those clauses excised.

Court Disposition

Probate granted for 2004 will with disputed clauses excised; plaintiff's claim dismissed.

Orders

  • Plaintiff’s statement of claim dismissed.
  • 2004 will admitted to probate with clauses 16(a)(i)-(ii) and 17(a)(i)-(ii) omitted.