Knox v Peacock [2024] NSWSC 976

Supreme Court New South Wales

Medium Neutral Citation: Knox v Peacock [2024] NSWSC 976 Hearing dates: 24, 25, 26, 27 and 28 June 2024 Date of orders: 8 August 2024 Decision date: 08 August 2024 Jurisdiction: Equity Before: Hmelnitsky J Decision: 1. Probate of the will dated 19 November 2020 of Eva Marie Easton, who died on 11 September 2021, be granted to Geoffrey Knox in solemn form. 2. The proceedings be referred to the Registrar to complete the grant in accordance with the Probate Rules. 3. The cross-claim be dismissed. 4. Direct the parties to file and serve submissions of no more than three pages on the question of costs on or before 22 August 2024. Catchwords: SUCCESSION — Contested probate — Testamentary capacity — Application of test in Banks v Goodfellow – Whether deceased was able to comprehend and appreciate the claims which deceased ought to have considered – Where deceased was elderly and vulnerable – Where deceased's decision influenced by separation due to COVID-19 lockdown Legislation Cited: Guardianship Act 1987 (NSW) Public Health Act 2010 (NSW) Sydney Opera House Trust Act 1961 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bailey v Bailey (1924) 34 CLR 558; [1924] HCA 21 Banks v Goodfellow (1870) LR 5 QB 549 Carr v Homersham (2018) 97 NSWLR 328; [2018] NSWCA 65 Croft v Sanders [2019] NSWCA 303 Dickman v Holley [2013] NSWSC 18 Gooley v Gooley [2021] NSWSC 56 Kerr v Badran; Estate of Badran [2004] NSWSC 735 King v Hudson [2009] NSWSC 1013 Lim v Lim [2023] NSWCA 84 Re Estate of Griffith (dec'd); Easter v Griffith (1995) 217 ALR 284 Re Estate of Paul Francis Hodges (deceased); Shorter v Hodges (1988) 14 NSWLR 698 Re Fenwick; Application of J R Fenwick; Re 'Charles' (2009) 76 NSWLR 22; [2009] NSWSC 530 Simon v Byford [2014] WTLR 1097; [2014] EWCA Civ 280 Zorbas v Sidiropoulous (No 2) [2009] NSWCA 197 Category: Principal judgment Parties: Geoffrey Knox (Plaintiff/First Cross-Defendant) Isabella Agnes Peacock (Defendant/Cross-Claimant) Sydney Opera House Trust (Second Cross-Defendant) Representation: Counsel: