The ACT Court of Appeal upheld the primary judge's finding that the deceased had testamentary capacity and knowledge and approval of the contents of his 2020 will, notwithstanding a prior diagnosis of dementia and hospitalisation at the time of execution. The Court confirmed that a prior dementia diagnosis does not of itself negate testamentary capacity at the time of execution, that a video recording of the will instruction process can constitute compelling evidence of understanding, and that an elderly testator need not recall every individual asset to satisfy the Banks v Goodfellow requirement of understanding the extent of the estate. The Court also held that a professional executor commission clause was adequately explained to the testator, particularly given that any commission would require court approval.
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