The Court upheld the 2010 Will and rejected the Purported Will on multiple grounds including due execution/forgery, lack of testamentary capacity, lack of knowledge and approval, suspicious circumstances, and failure to satisfy informal will requirements under s 8(2) Succession Act 2006 (NSW). The defendant's family provision claim succeeded notwithstanding the invalidity of the Purported Will, with the Court finding that a close, enduring non-romantic friendship with familial characteristics could constitute a 'close personal relationship' under s 3(3) of the Act and that the defendant was a dependent member of the deceased's household. The Court noted that the defendant's admitted false evidence regarding witnessing of the Purported Will severely damaged his credit but did not preclude the family provision claim succeeding on corroborated evidence, and that collective costs of nearly $600,000 had consumed over 50% of the estate's value.
The full text is available to signed-in members, including the 1 later case that cites this judgment.