Campbell v Campbell

In the case of Campbell v Campbell, the appellant, a daughter of the deceased, sought to challenge the validity of her father’s last will, contending that he lacked testamentary capacity due to his dementia. The deceased had made several prior wills, and the central issue before the court was whether the deceased had the requisite mental capacity to execute the last will. The trial court found in favour of the deceased's widow, who was tasked with proving the will in solemn form. The appellant’s appeal focused on the deceased's testamentary capacity, particularly whether his mild cognitive impairment or mild dementia precluded such capacity.

The legal issues revolved around the application of the Banks v Goodfellow test to determine the deceased's testamentary capacity at the time he made the last will. The primary judge considered the deceased's awareness of his estate, the nature of his bequests, and his ability to evaluate and discriminate between the claims of potential beneficiaries. The appellant argued that the deceased's dementia was a significant factor that should have precluded a finding of testamentary capacity. Additionally, the appellant questioned the reliability of the expert evidence provided by a psychiatrist engaged by the widow's solicitors, suggesting that there were deficiencies in the expert's report.

The court found that the primary judge did not err in applying the Banks v Goodfellow test. The deceased's mild cognitive impairment did not necessarily negate his testamentary capacity. The primary judge considered the specific evidence, including the expert's opinion, and found that the deceased was capable of making informed decisions when he executed the last will. The court also noted that the appellant failed to use available documents and opportunities to challenge the expert's evidence during the trial. Consequently, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs of the appeal and the application.