Scaffidi v Scaffidi [No 2]

The case of Scaffidi v Scaffidi [No 2] involved a dispute between the family members of a deceased woman over the validity of two wills. The deceased woman had executed a will in 2002, which was later revoked in 2008. The court was tasked with determining whether the deceased had testamentary capacity when she executed the 2008 will, and whether the 2008 will or the 2002 will should be admitted to probate in solemn form.

The legal issues the court had to decide included whether the deceased had testamentary capacity when she executed the 2008 will, and whether the 2008 will or the 2002 will should be admitted to probate. Testamentary capacity requires a testator to understand the nature of the act and its effects, the extent of the property they are disposing of, the claims to their property by those who will be excluded by the will, and to have no disorder of the mind that poisons their affections, perverts their sense of right or prevents the exercise of their natural faculties.

The court found that the deceased had testamentary capacity when she executed the 2008 will, and that the 2008 will should be admitted to probate. The court considered the evidence of medical experts and witnesses, and concluded that the deceased had sufficient mental capacity to understand and appreciate the testamentary act in its different bearings. The court also found that the deceased knew and approved of the contents of the 2008 will, and that there was no evidence to suggest that she was coerced or unduly influenced in executing the will. Therefore, the court ordered that the 2008 will be admitted to probate in solemn form.

In summary, the court held that the 2008 will should be admitted to probate in solemn form, as the deceased had testamentary capacity when she executed the will and knew and approved of its contents. The 2002 will was not admitted to probate.