Lehr v Matters

Lehr v Matters involved an application by the applicant to strike out a caveat lodged by the respondents against the grant of probate of the deceased's 2021 will. The respondents, the deceased's mother and step-brother, lodged the caveat, objecting to the grant of probate on the basis that the deceased lacked testamentary capacity at the time of executing the 2021 will. This will made substantial changes to the deceased's testamentary intentions, excluding the respondents and altering the executors and beneficiaries. The Supreme Court of Victoria was tasked with determining whether the respondents had established a prima facie case for the investigation of the deceased's capacity.

The court needed to decide whether the respondents had provided sufficient evidence to warrant further investigation into the deceased's testamentary capacity at the time of executing the 2021 will. Key issues included whether the changes in the will reflected rational decision-making or a lack of capacity, the impact of the deceased's physical and psychiatric conditions, including cognitive impairment due to complex regional pain syndrome, anxiety, depression, PTSD, and autism, and the effect of medications on cognitive function. The court also had to consider the presumption of testamentary capacity and the principles set out in relevant case law.

In assessing the evidence, the court noted that the respondents had not provided an affidavit from the solicitor who prepared the will, which was crucial to understanding the circumstances of its execution. Despite this, the court found that the respondents had provided sufficient evidence to establish a prima facie case for investigation. The changes in the will, coupled with the allegations of cognitive impairment and the impact of medications, warranted further investigation into the deceased's capacity. Therefore, the application to strike out the caveat was dismissed.

The court ordered that the caveat remain in place, allowing the respondents to continue their investigation into the deceased's testamentary capacity. This decision emphasised the importance of considering the totality of the circumstances and the need for thorough evidence when assessing capacity in the context of wills.