Bull v Fulton

The High Court of Australia heard an appeal from the Supreme Court of Victoria concerning the validity of the last will and codicil of Elizabeth Bull, who died aged ninety-one. The dispute arose when caveators, who were nephews and nieces of the testatrix, objected to the grant of probate. The core of their objection was that the testatrix lacked testamentary capacity due to alleged insane delusions, which they contended influenced the dispositions made in her will and codicil.

The legal issues before the High Court were whether the testatrix suffered from insane delusions, and if so, whether these delusions bore a direct relationship to the provisions of her will and codicil. The court was required to determine the onus of proof in establishing that such delusions did not affect the testamentary dispositions and to assess whether the propounder of the will had discharged this onus.

Latham C.J. and Williams J. (McTiernan J. dissenting) held that the testatrix did suffer from unfounded and irrational beliefs amounting to delusions, specifically concerning her nephews, the Sewell brothers, whom she accused of deceit and forgery. They found that these delusions had a direct bearing on the provisions of her will, particularly her exclusion of the Sewell nephews. The majority concluded that the propounder of the will had failed to demonstrate, either by direct evidence or reasonable inference, that these delusions did not influence the testamentary dispositions. Consequently, the appeal was allowed, and the order granting probate was reversed.