Article by Manny Wood published in the Coffs Coast News Of The Area on 19 January 2024.
Mal was an eccentric millionaire and later in life he was well known for bouts of mental instability.
Mal died and his will left the bulk of his estate to two of his three children. Ronny was given a comparably very small amount due to his vengeful relationship with his father.
Ronny, not happy, challenged the will, alleging that his father lacked the mental capacity to make sound decisions regarding his large estate.
Ronny’s legal argument hinged on Mal’s well-documented mental health history, alleging to the Court that his father was of unsound mind at the time the will was drafted.
To determine capacity the Court outlined a long held common law doctrine that is set out in a four-part test.
Firstly, the court examined whether Mal understood the nature of the act of writing a will and its effects. Evidence showed that he had lucidly discussed his intentions with his solicitor on many occasions prior to making his will, thereby demonstrating his comprehension of the act.
Secondly, Mal’s awareness of the extent of his property was scrutinized. Detailed solicitors’ notes and Mal’s personal financial records revealed his intimate knowledge of his holdings, thereby satisfying the second criterion.
The third part of the test checked whether Mal could comprehend and appreciate the claims he ought to give effect to. Mal provided the bulk of his estate for his two children that remained close and whom were succeeding his business, showing his understanding of his moral obligations.
Lastly, the court looked for any disorder of the mind that might have ‘poisoned his affections, perverted his sense of right, or prevented the exercise of his natural faculties. The medical examinations and expert testimonials presented showed no evidence of such an impairment at the time the will was made.
The Court concluded that Mal had the requisite mental capacity when he made his will.
Thank you to Anthony Fogarty for his assistance with this column. Email Manny Wood, principal solicitor at TB Law at manny@tblaw.net.au or call him on (02) 66 487 487. This column is only accurate at today’s date and cannot be relied upon as legal advice.
