Croft v Sanders

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.