King v Hudson [2009] NSWSC 1013

King v Hudson [2009] NSWSC 1013

Both documents were intended by the deceased to constitute his will. The evidence did not establish that, at the time of making either document, the deceased lacked testamentary capacity, despite his depression and suicidal ideation. Accordingly, the later (15 October 2005) document was admitted to probate as the deceased's valid will.

Parties
Plaintiff: Peter James King; Plaintiff: Jennifer Jane King; Defendant: Judith Elizabeth Hudson
Jurisdiction
Australia
Judgment Date
25 September 2009
Procedural Posture
Probate Proceeding / Judgment After Final Hearing
Outcome
Probate granted
Legal Topics
Probate of Informal Wills, Testamentary Capacity, Wills—testamentary Intention
Succession Law Probate of Informal Wills Testamentary Capacity Wills—testamentary Intention

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Parties

Peter James King

Plaintiff

Jennifer Jane King

Plaintiff

Judith Elizabeth Hudson

Defendant

Procedural Posture

Probate Proceeding / Judgment After Final Hearing

Legal Issues

  1. 1 Whether two informal, unwitnessed documents constituted the deceased's last will and testament
  2. 2 Whether the deceased possessed testamentary capacity at the time of execution of the documents

Ratio Decidendi

Both documents were intended by the deceased to constitute his will. The evidence did not establish that, at the time of making either document, the deceased lacked testamentary capacity, despite his depression and suicidal ideation. Accordingly, the later (15 October 2005) document was admitted to probate as the deceased's valid will.

Court Disposition

Probate granted

Orders

  • A declaration that the document dated 15 October 2005 constitutes the will of the deceased.
  • An order for probate in solemn form to be granted to the plaintiffs in respect of the 15 October 2005 will.