› Nature of order that may be made in respect of copy Will in event that it is found to be a true copy of a valid Will
Succession
› Validity of duly executed Will
› Elderly testator with some cognitive impairment
› Medical and non-medical evidence
› Duly executed Will changed long held testamentary intention of deceased to benefit all of his children
› Change to benefit one child and that child’s son
› Circumstances surrounding the giving of instructions and execution of 2007 Will some five months later
› Whether deceased had testamentary capacity and knew and approved contents of 2007 Will
Succession
› Informal testamentary document made in 1994
› No dispute that it was not executed in accordance with s 6 Succession Act 2006
› No dispute that the document purports to state the testamentary intentions of the deceased and that the deceased intended the document to form a Will
› No dispute that if Court not satisfied of validity of 2007 Will that there should be grant of Probate to Cross-Claimant of the 1994 informal testamentary document
Case Details
Citation[2015] NSWSC 934
CourtNSWSC
JurisdictionNew South Wales
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