EDGER & BLANCHE

In *Edger & Blanche*, the Supreme Court of Victoria was asked to determine a dispute concerning the interpretation of a will. The applicants, Edger and Blanche, sought to have the will of the deceased, their mother, declared invalid on the grounds of undue influence and lack of testamentary capacity. The respondent, the executor of the will, sought to uphold its validity.

The central legal issues before the Court were whether the deceased possessed the requisite testamentary capacity at the time she executed the will, and whether the will was a product of undue influence exerted by the respondent. The applicants contended that the deceased was suffering from a cognitive impairment that rendered her unable to understand the nature and effect of her will, and that the respondent had improperly pressured her into making the will in his favour.

Macmillan J considered evidence relating to the deceased's mental state and her relationship with the respondent. His Honour applied the principles established in *Banks v Goodfellow* regarding testamentary capacity, which require a testator to understand the nature of their act and the extent of their property, and to be aware of those who might expect to benefit from their will. The Court also examined the elements of undue influence, focusing on whether the respondent's actions had overpowered the deceased's free will, leaving her no reasonable alternative but to make the will as directed. After careful consideration of the evidence, Macmillan J found that the applicants had not discharged the onus of proving either lack of testamentary capacity or undue influence.

Consequently, Macmillan J made orders upholding the validity of the will and dismissing the applicants' claim.