Bell v NSW Trustee & Guardian; Estate of William Anthony Hickey [2020] NSWSC 1164

Supreme Court New South Wales

Medium Neutral Citation: Bell v NSW Trustee & Guardian; Estate of William Anthony Hickey [2020] NSWSC 1164 Hearing dates: 3, 4 and 5 August 2020 Date of orders: 28 August 2020 Decision date: 28 August 2020 Jurisdiction: Equity Before: Robb J Decision: (1) Order that the plaintiffs' amended statement of claim, filed on 16 May 2018, be dismissed. (2) Order that Probate of the will of William Anthony Hickey dated 22 April 2016 in solemn form be granted to the cross claimant NSW Trustee & Guardian. (3) Order that further compliance with the probate rules be dispensed with. (4) Order that the matter be remitted to the Registry to complete the grant. Catchwords: SUCCESSION — Contested probate — Testamentary capacity — where it is clear that the deceased had formed his own view about his testamentary arrangements — where the deceased understood the extent of the property of which he was disposing — where the deceased was able to comprehend and appreciate the claims to which he ought to give effect — where, although the deceased sustained a devastating brain injury as a teenager, the deceased did not lack testamentary capacity in the Banks v Goodfellow sense Cases Cited: Banks v Goodfellow (1870) LR 5 QB 549 Ryan v Dalton; Estate of Ryan [2017] NSWSC 1007 Category: Principal judgment Parties: June Ann Bell (first plaintiff) Catherine Martha Robinson (second plaintiff) NSW Trustee & Guardian (defendant) Representation: Counsel: L Ellison SC (plaintiffs) R Wilson SC (defendant)