Shorten v Shorten

The appeal concerned the validity of a will made by the deceased, Mrs. Shorten. The appellant, Mr. Shorten, challenged the will on the grounds that the deceased lacked testamentary capacity at the time of its execution. The primary issue before the court was whether the deceased possessed the requisite knowledge and approval of the contents of her will, given the physical and mental consequences of a stroke she had suffered.

The court was required to determine whether the trial judge had erred in finding that the deceased had testamentary capacity. This involved assessing whether her memory and ability to give clear instructions were sufficiently impaired by her stroke to negate her capacity to understand and approve the will. The executor bore the onus of establishing that the deceased had the necessary testamentary capacity.

The court affirmed the established legal principle that where a duly executed will is rational on its face, there is a rebuttable presumption of testamentary capacity. The judges considered the evidence presented regarding the deceased's physical and mental state following her stroke and concluded that the trial judge had correctly applied the principles of testamentary capacity to the facts. The appeal was accordingly dismissed.