Re Estates Croft, deceased [2018] NSWSC 1303

Supreme Court New South Wales

Medium Neutral Citation: Re Estates Croft, deceased [2018] NSWSC 1303 Hearing dates: 7-10, 14-17 and 21 August 2018 Decision date: 19 October 2018 Jurisdiction: Equity - Probate List Before: Lindsay J Decision: The latest will of each of June Croft and Warwick Croft should be admitted to probate. Neither will held invalid for a want of testamentary capacity. Catchwords: SUCCESSION – Contested probate – Testamentary capacity – Joint hearing of challenges to respective wills of a married couple – Where each will-maker suffered some form of mental illness - Testamentary capacity found to exist at time of execution of each will

SUCCESSION – Contested probate – Testamentary capacity – Whether deceased was able to comprehend and appreciate claims to which deceased ought to have given effect – Extent of knowledge of estate property required for testamentary capacity – Testatrix not actively involved in the operation of family business – Will a rational, measured response to testatrix's perspective of family tensions – Testatrix found to have testamentary capacity

SUCCESSION – Contested probate – Testamentary capacity – Whether deceased suffering from insane delusions that affected provisions of will – Where testator suffered from or hallucinations –– Will showed rational, measured response to testator's perspective of family tensions – Testator found to have testamentary capacity Legislation Cited: Succession Act 2006 NSW Real Property Act 1900 NSW Family Provision Act Cases Cited: Banks v Goodfellow (1870) LR 5 QB, 549 Boughton v Knight (1873) LR 3 P&D 64 Bridgewater v Leahy (1998 194 CLR 457 Bull v Fulton (1942) 66 CLR 295 Carr v Homersham [2018] NSWCA 65 Easter v Griffith (1995) 217 ALR 284 Kerr v Badran [2004] NSWSC 735 Osborne v Smith (1960) 105 CLR 153 Re Estate Griffith (Dec'd); Easter v Griffith (1995) 217 ALR 284 ALR Re Estate of Hodges ( 1988)14 NSWLR 698 Singh v Singh [2018] NSWCA 30 Smee v Smee (1879) 5 PD 84 Tobin v Ezekiel (2012) 83 NSWLR 757 Winter v Crichton (1991) 23 NSWLR 116 Worth v Clasohm (1952) 86 CLR 439 Zorbas v City Sidiropoulous (No. 2) [2009] NSWCA 197 Zorbas v Sidiropoulous (No. 2) [2009] NSWSC 197 Tobin v Ezekiel (2012) 83 NSWLR 757 at [44]; Woodley-Page v Symons (1987) 217 ALR 25 Texts Cited: - Category: Principal judgment Parties: In Case No. 2016/00033995 (Estate of June Croft) First Plaintiff: Anna Sanders Second Plaintiff: David John Sanders Defendant: Elisabeth Croft Elford