Conroy v Unsworth-Smith

In the case of Conroy v Unsworth-Smith, the executor of Marjorie Phyllis Smith's 1992 will sought a grant of probate in solemn form, challenging the validity of the will in light of the testatrix's alleged dementia of Alzheimer's type. The central issue was whether Marjorie Smith, who omitted her son from her will, had the requisite testamentary capacity at the time she gave instructions or executed the 1992 will. The court examined whether her condition had progressed to the point where she lacked the necessary soundness of mind, memory, and understanding to make a valid will.

The court was required to determine if Marjorie Smith's dementia had so impaired her cognitive faculties that she could not comprehend the nature and effect of her will. It needed to assess if she understood the extent of her estate, the natural objects of her bounty, and the disposition she was making of her property. The court also had to consider the circumstances under which the will was executed, including any evidence of undue influence or pressure exerted on the testatrix.

In its decision, the court found that Marjorie Smith had testamentary capacity at the time she executed the 1992 will, despite her dementia. The evidence showed that she understood the nature of her estate and the disposition she was making, and there was no undue influence or pressure that would invalidate the will. The court concluded that the will was valid and enforceable, dismissing the plaintiff's claim and validating the 1992 will. Additionally, the court dispensed with the requirements for the notice of intention to apply for the grant of probate and the publication of that notice for Marjorie Smith's earlier will dated 9 December 1988.