WILLS, PROBATE AND ADMINISTRATION - testamentary capacity - whether deceased had capacity to revoke prior will and create new will - test of capacity required for complete revocation of a will same as that required for making a will - whether deceased affected by delusions at time of making will - deceased held beliefs as to motives of some relatives not only rational but correct - held that deceased had testamentary capacity
WILLS, PROBATE AND ADMINISTRATION - righteousness of will and suspicious circumstances doctrine - beneficiaries involved in procuring solicitor for deceased and arranging medical examination, but not in framing will
GUARDIANSHIP - financial managers - entitlement to remuneration - private financial managers generally must act gratuitously because they must not place themselves in a position of conflict between their interest and duty - no answer to conflict that fiduciary was acting for the benefit of the principal - private managers only entitled to remuneration allowed by the Court
Case Details
Citation[2012] NSWSC 1435
CourtNSWSC
JurisdictionNew South Wales
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