Albury v Sammut

In the case of Albury v Sammut, the widow of the deceased, Apinyatree Wutitum, challenged the validity of a new will made by her husband, Frank Anthony Sammut, just four days before his death. The will significantly reduced her inheritance. The court was tasked with determining whether the testator had the requisite testamentary capacity and if the will was influenced by undue pressure from the testator's three adult daughters from his first marriage. Additionally, the court needed to decide if the widow's actions while the testator was incapacitated constituted disentitling conduct that would affect her eligibility for adequate provision under the Family Provision Act.

The court examined the evidence regarding the testator's state of mind at the time of making the will, including his belief that the widow had misappropriated funds from his accounts. It was established that the testator's statements about the widow's conduct were admissible to explain his motives but not as proof of their truth. The court also considered the widow's use of the testator's credit card and withdrawals from his account while he was incapacitated. The court concluded that the testator had testamentary capacity and that the will was not the product of undue influence or delusions. However, the widow's actions while the testator was incapacitated were deemed to be disentitling conduct, impacting her entitlement under the Family Provision Act.

The court ruled that the will was valid and ordered probate to be granted to the named executors. It further ordered that the widow receive adequate provision for her maintenance and support, modifying the will to include a bequest of the matrimonial home and an additional $50,000. The court dismissed the counterclaim and deferred the decision on costs to a later date.