Croft v Sanders

Case [2019] NSWCA 303


Court of Appeal


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: Croft v Sanders [2019] NSWCA 303
Hearing dates: 3 June 2019
Decision date: 12 December 2019
Before: Bathurst CJ at [1];
Gleeson JA at [2];
White JA at [3]
Decision:

Appeal dismissed with costs.

Catchwords: SUCCESSION — contested probate — testamentary capacity — application of test in Banks v Goodfellow — where will apparent rational on its face — where evidence of hallucinations or delusions — whether delusions or hallucinations affected the provisions of the will — whether deceased was able to comprehend and appreciate the claims to which deceased ought to have given effect
Cases Cited: Bailey v Bailey (1924) 34 CLR 558; [1924] HCA 21
Banks v Goodfellow (1870) LR 5 QB 549
Brown v McEnroe (1890) 11 NSWR Eq 134
Bull v Fulton (1942) 66 CLR 295; [1942] HCA 13
Gibbons v Wright (1954) 91 CLR 423; [1954] HCA 17
In the Estate of Park [1954] P 112
Re Estates Croft, deceased [2018] NSWSC 1303
Re Griffith; Easter v Griffith (1995) 217 ALR 284
Ridge v Rowden; Estate of Dowling (Supreme Court of New South Wales, Santow J, 10 April 1996, unreported, BC9601342
Wechsler v Du Maurier [2002] NSWCA 13
Worth v Clasohm (1952) 86 CLR 439
Zorbas v Sidiropoulos (No. 2) [2009] NSWCA 197
Texts Cited: Mason and Handler, Succession Law and Practice NSW, LexisNexis [13,045]
Category:Principal judgment
Parties: Leah Croft (First Appellant)
Esther Croft (Second Appellant)
Anna Sanders (First Respondent)
David John Sanders (Second Respondent)
Representation:

Counsel:
G P McNally SC with D G Stewart (Appellants)
L Ellison SC with S Reuben (Respondents)

  Solicitors:
Matthews Dooley & Gibson (Appellants)
Hunt & Hunt (Respondents)
File Number(s): 2018/348248
 Decision under appeal 
Court or tribunal:
Supreme Court of New South Wales
Jurisdiction:
Equity Division
Citation:
[2018] NSWSC 1303
Date of Decision:
19 October 2018
Before:
Lindsay J
File Number(s):
2016/33995; 2016/48899

HEADNOTE

[This headnote is not to be read as part of the decision]

Mr Warwick Croft (“the deceased”) died on 4 January 2016 aged 85 leaving a will dated 11 October 2013 (“the 2013 will”). An appeal was brought by two of his six daughters (Leah and Esther Croft) against a decision of a judge of the Equity Division to grant probate of the 2013 will, of which the respondents, Anna and David Sanders, were named executors. By an earlier will, the deceased had left substantial assets to his all six of his daughters. By contrast, the 2013 will left only $40,000.00 to five of the six daughters, with Anna receiving the balance of the estate – worth approximately $3.0 million.

The appellants alleged that the deceased lacked testamentary capacity when he made the 2013 will. The asserted lack of capacity was said to arise, first, from alleged cognitive impairment (in the form of dementia) preventing him from weighing the respective claims of all his children to his estate, and secondly, from a pattern of delusions or hallucinations. Such delusions…

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Croft v Sanders [2019] NSWCA 303
Case
[2019] NSWCA 303
Decision Date

CaseChat Overview and Summary

Croft v Sanders concerned a contested probate application heard in the Court of Appeal of New South Wales. The dispute centred on the testamentary capacity of the deceased at the time of executing their will.

The primary legal issue before the Court was whether the deceased possessed the requisite testamentary capacity, as defined by the principles in *Banks v Goodfellow*, to make a valid will. Specifically, the Court had to determine if any alleged hallucinations or delusions suffered by the deceased impacted their understanding and appreciation of the claims of potential beneficiaries when making the will, despite the will appearing rational on its face.

The Court applied the established test for testamentary capacity, which requires a testator to understand the nature of the act of making a will, to comprehend and appreciate the extent of the property to be disposed of, and to be able to understand and appreciate the claims of those who might expect to benefit from the will. The Court considered the evidence of the deceased's mental state, including any alleged delusions, and assessed whether these affected the disposition of their estate. The Court found that the evidence did not establish that the deceased lacked testamentary capacity.

The appeal was dismissed, and the appellant was ordered to pay the costs of the respondent.

Orders

Orders of the court

Appeal dismissed with costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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