Gardiner v Hughes (No 2)

The case of Gardiner v Hughes (No 2) involved an application by a party seeking the revocation of a grant of probate on the grounds of testamentary incapacity. The deceased left an estate to a financial manager with whom he had become close, and the applicant argued that the deceased was unable to understand the nature and effect of making a will due to his mental and physical health conditions. The case was heard in the Supreme Court of Victoria.

The central legal issues revolved around whether the particulars presented in the application established a prima facie case for the revocation of the grant of probate. The court had to determine the appropriate standard of proof required in such cases and whether the matter warranted further investigation. The court also considered whether the decision to establish a prima facie case was subject to discretionary review or if the correctness standard applied.

In its reasoning, the court examined the deceased's social isolation, his history of unwise financial decisions, his failure to care for his mother late in her life, and his disregard for medical advice. While the deceased's mother had made special testamentary provision for him through a protective trust, the court found that these factors did not establish a prima facie case for revocation. The court held that the decision to establish a prima facie case was a matter of discretion and applied the correctness standard of review, as in Warren v Coombes. The appeal was dismissed, and the grant of probate was upheld.

The court made no further orders beyond dismissing the appeal and upholding the grant of probate. The deceased's estate remained with the financial manager as per the terms of the will.