Rowe v Sudholz

The case of Rowe v Sudholz involves a dispute over the validity of the wills made by the deceased, Norman Alfred Hottes. The applicants, Justin and Vikki Rowe, seek orders declaring against the force and validity of the last two wills made by the deceased and in favour of the third-last will. The respondent, Kathryn Sudholz, seeks to uphold the validity of the last will or, alternatively, the second-last will. The central legal issue before the court was whether the deceased had testamentary capacity at the time of making his last or second-last will. The court found that the deceased did possess testamentary capacity when he made the will dated 18 August 2016. The reasoning of the court was based on the evidence of lay witnesses, contemporaneous notes, and medical records. The court found that although the deceased experienced physical and cognitive decline and suffered from dementia in the last years of his life, he was not so affected by dementia, depression, or any other condition as to make him unequal to the task of disposing of his property. The court concluded that the deceased possessed testamentary capacity when he made the will dated 18 August 2016. Therefore, the court made a solemn form grant of the will dated 18 August 2016 to the applicants. The court also made an order for the parties' costs to be paid out of the estate on an indemnity basis.