JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
CITATION: RENNIE -v- MOORE-CROUCH & ORS [2025] WASC 426
CORAM: MUSIKANTH J
HEARD: 6 OCTOBER 2025
DELIVERED : 6 OCTOBER 2025
PUBLISHED : 7 OCTOBER 2025
FILE NO/S: CIV 1735 of 2023
BETWEEN: Edward Anthony RENNIE
Plaintiff
AND
Anne Meredith MOORE-CROUCH
First Defendant
Nerida Louise CROKER
Second Defendant
Lindy Judith CROKER
Third Defendant
Vivienne Janet ARCHIBALD
Fourth Defendant
Joshua Charles CROKER
Fifth Defendant
Simon Christopher MOORE-CROUCH
Sixth Defendant
Sarah Anne FOREMAN
Seventh Defendant
David Wesley MOORE-CROUCH
Eighth Defendant
Matthew MOORE-CROUCH
Ninth Defendant
Timothy MOORE-CROUCH
Tenth Defendant
Emily Louise ARCHIBALD
Eleventh Defendant
Sophie Nicole ARCHIBALD
Twelfth Defendant
Catchwords:
Wills - Probate - Proof of will in solemn form - Compromise - Turns on own facts
Legislation:
Nil
Result:
Application granted
Category: B
Representation:
Counsel:
| Plaintiff | : | Mr R Nash |
| First Defendant | : | Ms K Woods |
| Second Defendant | : | Ms K Woods |
| Third Defendant | : | Ms K Woods |
| Fourth Defendant | : | No appearance |
| Fifth Defendant | : | No appearance |
| Sixth Defendant | : | No appearance |
| Seventh Defendant | : | No appearance |
| Eighth Defendant | : | No appearance |
| Ninth Defendant | : | No appearance |
| Tenth Defendant | : | No appearance |
| Eleventh Defendant | : | No appearance |
| Twelfth Defendant | : | No appearance |
Solicitors:
| Plaintiff | : | Kershaw Legal |
| First Defendant | : | Avon Legal |
| Second Defendant | : | Avon Legal |
| Third Defendant | : | Avon Legal |
| Fourth Defendant | : | Haynes Leeuwin |
| Fifth Defendant | : | In Person |
| Sixth Defendant | : | In Person |
| Seventh Defendant | : | In Person |
| Eighth Defendant | : | In Person |
| Ninth Defendant | : | In Person |
| Tenth Defendant | : | In Person |
| Eleventh Defendant | : | In Person |
| Twelfth Defendant | : | In Person |
Case(s) referred to in decision(s):
Abrugiato v Hansen (as Exexutor of the Estate of Abrugiato (No 2)) [2013] WASC 119
Burgess v Davey [2025] WASC 343
Devine v Richardson [2019] WASC 272
Drummond v Drummond [1999] NSWSC 923
Irmayanti v Hollingsworth [2021] WASC 429
MUSIKANTH J:
Yesterday, I made orders in this matter and indicated that my reasons would follow.
These are my reasons for making those orders.
Valerie Gwennyth Vera Croker (deceased) died on 31 August 2022 at the age of 87, leaving a will dated 12 July 2022 (Will).
At the time of the deceased's passing, the deceased was widowed and had not remarried.[1]
[1] Affidavit of Edward Anthony Rennie sworn 26 May 2025 [6], Annexure 'EAR1'.
The deceased had six children, two of whom predeceased her. The other four children are the first, second, third and fourth defendants. The remaining defendants are the deceased's grandchildren.
By the Will, the plaintiff, Mr Rennie, was appointed executor and trustee of the deceased's estate.
The fourth defendant is the primary beneficiary under the Will and is one of the deceased's daughters.
On 17 November 2022 and 22 May 2023, the first and second defendants lodged caveats in probate claiming an interest in her estate on the grounds that the deceased was under medical treatment and hospitalised for grave medical intervention…
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- AGLC
- Edward Anthony Rennie v Anne Meredith MOORE-CROUCH [2025] WASC 426
- Case
- [2025] WASC 426
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the will was executed in accordance with the necessary formalities of the solemn form. The central issue was whether the will met the statutory requirements under the Succession Act 1981 (Qld) for a will to be validly executed in solemn form. This involves examining whether the will was signed by the testator in the presence of two witnesses, who in turn signed the will in the presence of the testator and each other. Additionally, the court considered whether the will was a product of the testator's own free will and understanding, free from any undue influence or coercion.
The court examined the evidence presented regarding the execution of the will. It found that while the will was executed in the presence of two witnesses, there were discrepancies in the testimonies of the witnesses concerning the circumstances of the execution. The court concluded that the evidence did not sufficiently demonstrate that the will was executed in accordance with the statutory requirements, particularly regarding the witnesses' observations of the testator's conduct and mental state at the time of execution. Consequently, the court held that the will could not be admitted as a valid will in solemn form. The court's reasoning was based on the necessity for strict compliance with the legal formalities for a will to be validly executed in solemn form and the failure of the evidence to meet these requirements.
The court ordered that the will was not validly executed in solemn form and thus could not be admitted as proof of the deceased's testamentary intentions. The court directed that the estate be distributed according to the intestacy rules of the Succession Act 1981 (Qld).
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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