Scott v Scott

The dispute in *Scott v Scott* concerned a claim for provision from the deceased's estate by the respondent daughter, pursuant to section 59 of the *Succession Act 2006* (NSW). The appellant daughter was the beneficiary of the deceased's 2019 will, which left her the family home and a small legacy, while the respondent daughter received nothing under that will. An earlier will had provided for an equal division of the estate between the two daughters. The primary judge had found that the 2019 will and a related testamentary statement were the product of manipulation and influenced by the appellant. The appeal was heard by Ward P, Meagher and Kirk JJA.

The central legal issue before the Court of Appeal was whether the primary judge erred in being satisfied that the 2019 will did not make adequate provision for the respondent's proper advancement in life. This required the court to consider whether the primary judge's findings regarding the undue influence and manipulation surrounding the 2019 will were correct, and if so, whether the earlier will, which reflected a more equitable distribution, represented the deceased's true and considered testamentary intentions.

The Court of Appeal upheld the primary judge's findings. Their Honours reasoned that the evidence strongly supported the conclusion that the 2019 will and the accompanying statement were not the result of the deceased's free will but were procured through the appellant's manipulation. The earlier will, which provided for an equal distribution, was considered to be a more reliable reflection of the deceased's considered testamentary judgment. Consequently, the court found that the 2019 will did not make adequate provision for the respondent's proper advancement.

The appeal was dismissed with costs.