Moloney v Hayward

In the matter of Moloney v Hayward, the deceased, Paul Moloney, and his daughter, the applicant, disputed the validity of a 2018 will and the conditions under which it was made. The case was heard in the Supreme Court of South Australia, where the court was required to determine whether the deceased had testamentary capacity at the time the 2018 will was made and signed. Additionally, the court had to consider claims of undue influence by the applicant and whether the 2012 will should be rectified to include an option for the applicant to purchase a property known as Brewers at market value.

The court found that the deceased lacked testamentary capacity when giving instructions for the 2018 will on 18 August 2017 and when signing it on 15 February 2018. The court also determined that the applicant's claims of knowledge and approval and undue influence were in favour of the respondents. The parties had agreed that, following these determinations, the respondents would seek rectification of the 2012 will to include an option for the applicant to purchase Brewers at market value, and that the 2012 will, as rectified, would be admitted to probate.

The court's reasoning was based on evidence from various witnesses, including the deceased's doctor, Dr Moore, who found him to be an independent and strong-willed man until his death. However, the court found that the deceased's mental and physical health had deteriorated, making him susceptible to undue influence by the applicant. The court concluded that the 2018 will should not be admitted to probate, and the parties were to forward proposed orders to that effect by a specified date. If the parties could not agree on the costs of the proceeding, written submissions were to be filed by another specified date.