Gray v Taylor & Anor; The Estate of the late Stanislaw Zajac [2017] NSWSC 497

Supreme Court New South Wales

Medium Neutral Citation: Gray v Taylor & Anor; The Estate of the late Stanislaw Zajac [2017] NSWSC 497 Hearing dates: 20, 21 and 22 February 2017 Date of orders: 09 May 2017 Decision date: 09 May 2017 Jurisdiction: Equity Before: Slattery J Decision: Deceased had testamentary capacity at the time of the 2011 will. Probate of the 2011 will granted to the defendants/cross-claimants. Catchwords: WILLS - testamentary capacity - deceased makes wills in 2006 and 2011 – plaintiff seeks probate of 2006 will - defendants/cross-claimants seek probate of 2011 will – 2011 will made through a newly admitted solicitor – deceased had several mental and physical disabilities – deceased temporarily discharged from hospital to give instructions for 2011 will – solicitor not made aware of all the deceased's disabilities- whether deceased had testamentary capacity at time of the making of the 2011 will. Legislation Cited: Succession Act 2006 Cases Cited: Bailey v Bailey (1924) 34 CLR 558 Banks v Goodfellow (1870) LR 5 QB 549 Bull v Fulton (1942) 34 CLR 558 Fitzgibbon v Waterways Authority [2003] NSWCA 294 In the Will of Field [1931] VLR 37 Pates v Craig; The Estate of Cole (NSWSC, 28 August, 1995, unreported) Pinniger v Stone [2012] NSWCA 73 Romano v Romano & Anor [2004] NSWCA 37 Romascu v Manolache [2011] NSWSC 1362 Singh v Singh [2008] NSWSC 715. Timbury v Coffee (1941) 66 CLR 277 Worth v Casohm (1952) 86 CLR 439 Texts Cited: LexisNexis Butterworths, Mason and Handler Wills Probate and Administration Service (NSW).