Estate of Beryl Lee Hordern (Deceased); Homersham v Carr [2017] NSWSC 753

Supreme Court New South Wales

Medium Neutral Citation: Estate of Beryl Lee Hordern (Deceased); Homersham v Carr [2017] NSWSC 753 Hearing dates: 10-11 May 2017 Date of orders: 13 June 2017 Decision date: 13 June 2017 Jurisdiction: Equity - Probate List Before: Robb J Decision: Administration with the will annexed is granted to the plaintiff in solemn form in respect of a will made by the deceased on 2 December 2001. For other orders see par 206. Catchwords: SUCCESSION – Testamentary capacity – Where deceased executed two wills – Whether deceased had testamentary capacity when she executed the second will – Whether deceased was able to comprehend and appreciate the claims to which she ought to have given effect – Whether the deceased was suffering from an insane delusion – Relevance of whether the deceased was suffering from an insane delusion – Application of test in Banks v Goodfellow (1870) LR 5 QB 549. Cases Cited: Bailey v Bailey (1924) 34 CLR 558 Banks v Goodfellow (1870) LR 5 QB 549 d'Apice v Gutkovich - Estate of Abraham (No 2) [2010] NSWSC 1333 Easter v Griffiths (1995) 217 ALR 284 Harwood v Baker (1840) 3 Moo PC 282; 13 ER 117 Petrovski v Nasev; The Estate of Janakievska [2011] NSWSC 1275 Re the Estate of Hodges (1988) 14 NSWLR 698 Tobin v Ezekiel (2012) 83 NSWLR 757; [2012] NSWCA 285 Category: Principal judgment Parties: Paula Grace Homersham (plaintiff) Cynthia Marie Car (defendant) Representation: Counsel: D Flaherty (plaintiff) C Hodgson (defendant)