GRANT & AIDEN

In *Grant & Aiden*, the Supreme Court of Victoria was asked to determine a dispute concerning the interpretation of a will. The applicants, Grant and Aiden, sought to have the will of their deceased mother, Eleanor, declared invalid on the grounds of undue influence and lack of testamentary capacity. The respondent, the executor of Eleanor's estate, argued that the will was valid and should be admitted to probate.

The central legal issues before the Court were whether Eleanor possessed the requisite testamentary capacity at the time she executed the will, and whether the will was a product of undue influence exerted by a third party. The applicants contended that Eleanor's declining health and cognitive abilities rendered her incapable of understanding the nature and effect of her testamentary intentions, and further, that she was coerced into making the will in its current form.

Macmillan J considered evidence relating to Eleanor's medical history, her interactions with the applicants and the beneficiary under the will, and the circumstances surrounding the preparation and execution of the document. The Court applied the principles established in *Banks v Goodfellow* regarding testamentary capacity, requiring that the testator understand the nature of their act and the extent of their property, and be aware of those who might expect to benefit from their will. Regarding undue influence, the Court assessed whether the applicants had established a prima facie case, and if so, whether the respondent had discharged the onus of proving the absence of such influence. The Court found that the evidence did not support the claims of undue influence or a lack of testamentary capacity.

Consequently, Macmillan J made orders admitting the will to probate and dismissing the applicants' application.