Mekhail v Hana; Mekail v Hana; In the Estate of Nadia Mekhail (No 3) [2018] NSWSC 1452

Supreme Court New South Wales

Medium Neutral Citation: Mekhail v Hana; Mekail v Hana; In the Estate of Nadia Mekhail (No 3) [2018] NSWSC 1452 Hearing dates: 11, 20, 27 April, 10, 15 – 19, 22 – 26 May, 16 June, 26 July, 4 – 5 September 2017 Date of orders: 05 October 2018 Decision date: 05 October 2018 Jurisdiction: Equity Before: Slattery J Decision: Finding that the testator had testamentary capacity at the time of making the 12 December 2014 will and did not suffer from delusions and was not coerced into making the will. Probate granted of the testators will of 12 December 2014. Family provision claims dismissed. Costs issues reserved for further argument. Catchwords: SUCCESSION – testamentary capacity – testator makes a will in December 2014 – will witnessed by two solicitors, one of whom took instructions for the drafting of the will – the principal beneficiary of the will was present throughout the taking of some instructions and the execution of the will – the testator has no children – incorrect representations made to the solicitor that the principal beneficiary was the daughter of the testator and that the alternative beneficiary under the will, the principal beneficiary's husband, was the son-in-law of the testator – testator had nephews – nephews benefitted under testator's previous 2001 will – nephews not mentioned in discussions with solicitor before December 2014 will – whether the testator knew and approved the contents of the December 2014 will – whether the testator appreciated the extent of her estate and the claims upon her bounty in December 2014 – whether the testator suffered from delusions that the principal beneficiary was her daughter and the alternative beneficiary was her son-in-law – shortly after the December 2014 will was made the principal beneficiary removed the testator away from friends and relatives – whether the principal beneficiary exercised undue influence over the testator at the time of the making of the will.