Ricketts v Willoughby

In the matter of *Ricketts v Willoughby*, the applicant, Ms. Ricketts, sought to have a will declared invalid on the grounds of undue influence and lack of testamentary capacity. The respondent, Mr. Willoughby, was the executor of the will of the deceased, Ms. Ricketts' mother. The dispute concerned the distribution of the deceased's estate, with Ms. Ricketts alleging that her mother's final will, which significantly altered previous testamentary arrangements to her detriment, was the product of undue influence exerted by Mr. Willoughby and that her mother lacked the mental capacity to understand the nature and effect of the will at the time of its execution. The matter was heard before Judge Barnes in the Supreme Court of Queensland.

The central legal issues before the Court were whether the deceased possessed the requisite testamentary capacity at the time of executing the will, and whether the will was procured by undue influence exercised by the respondent. Specifically, the Court was required to assess whether the deceased understood the nature of making a will and its effect, the extent of her property, and the claims of those who might expect to benefit from her will. Furthermore, the Court had to determine if there was evidence of coercion or pressure by Mr. Willoughby that overpowered the deceased's free will, vitiating her consent to the terms of the will.

Judge Barnes applied the principles established in *Banks v Goodfellow* regarding testamentary capacity, requiring the testator to be of sound mind, memory, and understanding. The Court considered extensive medical evidence and lay testimony concerning the deceased's mental state in the period leading up to the execution of the will. On the issue of undue influence, the Court referred to the test in *Wingrove v Wingrove*, which requires proof that the influence exerted was so great as to overpower the volition of the testator, preventing them from acting according to their own wishes. The Court found that while the deceased was frail and reliant on Mr. Willoughby, there was insufficient evidence to establish that he exerted undue influence or that the deceased lacked testamentary capacity. The evidence indicated that the deceased was aware of her property and the potential beneficiaries, and that the changes made to her will reflected her own wishes, albeit influenced by her relationship with Mr. Willoughby.

Consequently, Judge Barnes dismissed the application to have the will declared invalid. The Court ordered that the will of the deceased be admitted to probate.