Craig-Bridges v NSW Trustee and Guardian

The appeal concerned the testamentary capacity of the deceased, Ella Minnie Lillian Bush, in relation to her last three wills. The NSW Trustee and Guardian (the respondent) had been appointed as executor of the deceased's estate. The appellant, Helene Janelle Craig-Bridges, sought to propound a will dated 8 June 2011. A central issue was whether the primary judge erred in finding that the deceased lacked testamentary capacity to make her last three wills, particularly given that one of those wills nominated a long-deceased brother as executor. The court acknowledged that the onus rested with the executor propounding the will to establish capacity.

The legal issues before the Court of Appeal were whether the primary judge had correctly applied the principles of testamentary capacity when assessing the deceased's mental state at the time of executing the wills, and the nature of appellate review in such circumstances. Specifically, the court had to determine if the evidence supported the primary judge's conclusion that the deceased lacked the requisite understanding of her testamentary intentions and the effect of her will.

The Court of Appeal found that the primary judge had erred in concluding that the deceased lacked testamentary capacity. The court reasoned that the nomination of a long-deceased brother as executor in one of the wills, while unusual, did not, in itself, demonstrate a lack of capacity. The court applied the established legal principles regarding testamentary capacity, which require a testator to understand the nature and effect of their will, the extent of their property, and the claims of those who might expect to benefit. The court found that the evidence, when properly considered, supported the deceased's capacity to make the will dated 8 June 2011.

The Court of Appeal allowed the appeal, set aside the orders made by the primary judge, and ordered that probate in solemn form of the will dated 8 June 2011 be granted to the executrix named therein. The proceeding was referred to the Probate Registrar to complete the formalities of the grant. The summons for leave to appeal brought by the NSW Trustee and Guardian was dismissed. The parties were directed to provide agreed orders as to costs or, in default, proposed orders and submissions.