ADT v LRT

The case of ADT v LRT involves a dispute over the validity and interpretation of a will. The applicant, ADT, is the husband of LRT, who was over 55 years old at the time of her death. LRT made a will in 1998 that intended to bequeath valuable real property to her son. The son has since separated from his wife, who is the respondent in this case, and they intend to divorce. The respondent has initiated Family Court property settlement proceedings, and ADT seeks to amend or vary LRT’s 1998 will. ADT argues that LRT would have altered her will to protect her son’s interest in the property from the property settlement proceedings if she had testamentary capacity. The Court of Appeal was required to determine whether the proposed alteration of the will met the criteria set out in sections 24(d) and 24(e) of the Succession Act 1981.

The legal issues before the Court of Appeal were whether the proposed alteration of LRT’s will met the criteria under sections 24(d) and 24(e) of the Succession Act 1981. Section 24(d) requires the court to consider whether the alteration is or may be an alteration that LRT would have made if she had testamentary capacity. Section 24(e) requires the court to consider whether an order of the court authorising the proposed alteration of the will is or may be appropriate to be made. The Court of Appeal held that the applicant did not establish that the alteration was or may be an alteration that LRT would have made if she had testamentary capacity. The Court of Appeal also held that the alteration was not appropriate to be made under section 24(e) of the Succession Act 1981.

In conclusion, the Court of Appeal dismissed the application for leave under section 22 of the Succession Act 1981 to apply for an order under section 21. The Court of Appeal found that the applicant did not establish that the proposed alteration of the will met the criteria set out in sections 24(d) and 24(e) of the Succession Act 1981. The Court of Appeal held that the applicant did not establish that LRT would have altered her will if she had testamentary capacity, and that the alteration was not appropriate to be made under section 24(e) of the Succession Act 1981.