Re Briggs (dec'd)

In the matter of Re Briggs (dec'd), the primary issue before the court was whether the will executed by Faye Joy Briggs in 2016 was valid and should be recognised, given her documented dementia. The will was contested by one of the beneficiaries, Shane, who sought to have the earlier 2010 will recognised instead. The court needed to determine whether Faye had the requisite testamentary capacity when she executed the 2016 will. This required a careful examination of the evidence of Faye's mental state at the relevant times, including the absence of direct evidence regarding her capacity at the time the 2016 will was executed.

The court considered the principle that a testator must have soundness of mind, memory, and understanding at the time of making a will. Although there was no direct evidence of incapacity when the 2010 will was executed, there was compelling evidence of incapacity in 2016. The court acknowledged that while expert medical evidence is usually required to establish incapacity, in this case, the other evidence was sufficient to demonstrate that Faye lacked the necessary capacity in 2016. The court further reasoned that it was appropriate to decide the matter without an oral hearing, as justice could be achieved through the written submissions and evidence presented.

Ultimately, the court decided that the 2016 will should not be recognised due to Faye's incapacity at the time of its execution. Consequently, letters of administration were granted in respect of the 2010 will, and Shane was appointed as the administrator of Faye's estate. The court also ordered that Shane's costs of the application be paid from the estate on an indemnity basis.