Atthow v Mylett

In the Supreme Court of Queensland, Atthow v Mylett involved a dispute regarding the validity of a will. The primary issue was whether the testator, Thomas Joseph Mylett, had the necessary testamentary capacity when he executed his will on 8 January 1997. The court had to determine if the testator's fluctuating delusions and hallucinations during the seven months prior to the will's execution impacted his soundness of mind at the specific time he signed the will.

The court considered the evidence presented to establish the testator's soundness of mind, memory, and understanding at the time the will was made. The question was whether the testator's capacity was sound at the time of signing the will, irrespective of his condition at other times. The court examined the timing of the soundness of mind requirement and whether the testator's delusions during the preceding months affected his capacity at the moment of signing. The court needed to balance the evidence of the testator’s mental state before and at the time of executing the will.

After considering the evidence, the court concluded that the testator had the requisite testamentary capacity at the time of making the will. The court found that the will was valid and ordered the removal of the first plaintiff's name from the proceedings. The court granted probate of the will, dismissed the counterclaim, and ordered that the defendants' costs be paid from the estate on an indemnity basis.