Estate of Stanley William Church [2012] NSWSC 1489

Supreme Court New South Wales

Medium Neutral Citation: Estate of Stanley William Church [2012] NSWSC 1489 Hearing dates: 8-10 May 2012 Decision date: 06 December 2012 Jurisdiction: Equity Division - Probate List Before: White J Decision: Refer to para [69] of judgment. Catchwords: WILLS, PROBATE AND ADMINISTRATION - testamentary capacity - whether deceased had testamentary capacity to make will that left entire estate to his sister and excluded his brother - deceased had good relationship with both siblings but closer to sister WILLS, PROBATE AND ADMINISTRATION - suspicious circumstances - whether deceased knew of and approved contents of will - interrelationship between requirements of testamentary capacity and requirement to establish knowledge and approval of will in suspicious circumstances Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Kozak v Berwecki [2008] NSWSC 39 Brown v McEnroe (1890) 11 NSWR Eq 134 Bailey v Bailey (1924) 34 CLR 558 Ridge v Rowden; Estate of Dowling (Supreme Court of New South Wales, Santow J, 10 April 1996, unreported, BC9601342) Gibbons v Wright (1954) 91 CLR 423 Nock v Austin (1918) 25 CLR 519 Vernon v Watson [2002] NSWSC 600 Fuller v Strum [2002] 2 All ER 87 Hoff v Atherton [2004] EWCA Civ 1554; [2004] All ER (D) 314 Texts Cited: Mason and Handler, Succession Law and Practice NSW, LexisNexis Category: Principal judgment Parties: Robert Church (Plaintiff) Marjorie Elaine Mason (Defendant) Representation: Counsel: M S Willmott SC with S Chapple (Plaintiff) L Ellison SC with G Smith (Defendant) Solicitors: Eric Butler Will Dispute Lawyers (Plaintiff) GP Legal (Defendant) File Number(s): 2010/46691