Challen v Pitt

Challen v Pitt is a case before the court involving a dispute over the validity of a will and the distribution of an estate. The testatrix, Hannah Mabel Dunning, died on 4 December 2001, leaving a will dated the same day. Peter Leslie Challen sought to have the will admitted to probate, while the first defendant, who was a family member, opposed the probate on the basis that the testatrix lacked testamentary capacity due to her likely dementia at the time of making the will. The court had to determine whether the testatrix had the requisite soundness of mind, memory and understanding to make a valid will.

The court examined the evidence of the testatrix’s likely dementia, including her medical history and the observations of those who knew her. The legal issue was whether the testatrix’s likely dementia was sufficient to infer a lack of testamentary capacity. The court also considered the issue of whether the party unsuccessfully opposing the probate should bear the costs of the action. The court assessed the testatrix’s capacity at the time she made the will, taking into account the periods of confusion and lucidity she experienced.

The court found that the testatrix had the necessary testamentary capacity to make the will, as there was no evidence that she was unable to understand the nature and effect of making a will at the time she executed it. The court rejected the argument that the testatrix’s likely dementia was sufficient to infer a lack of testamentary capacity. The court also held that the party opposing the probate should bear the costs of the action, subject to certain exceptions. The court granted the application for probate and ordered that the executor’s costs and the first defendant’s costs, except for those relating to specific allegations, be paid out of the estate on an indemnity basis.