Sorati v Sorati - [2025] QSC 14

SUPREME COURT OF QUEENSLAND

CITATION: Sorati & Anor v Sorati [2025] QSC 14

PARTIES:
ROBYN JEAN SORATI and RHIANN ISOBEL

MILLANE (also known as RHIANN ISOBEL BENVENUTI) as Executors of the Will of RENATO SORATI Deceased dated 5 August 2021

(plaintiffs)
v
PAUL ANTHONY SORATI
(defendant)

FILENO/S: BS 14682/23

DIVISION:

Trial Division

PROCEEDING: Trial

ORIGINATINGCOURT: Supreme Court

DELIVEREDON: 31 January 2025

DELIVEREDAT: Brisbane

HEARINGDATE: 2 and 3 December 2024; 31 January 2025

JUDGE: Justice Callaghan

ORDER:
1.   The Plaintiffs’ claim is dismissed.

2.   The Plaintiffs are ordered to pay the Defendant’s costs of the proceeding.

3.   The court pronounces for the force and validity of the copy Will of Renato Sorati made on 20 October 2017, and being Exhibit RS6 to the affidavit of scripts of Robyn Jean Sorati, which is Exhibit 3 tendered in the proceeding.

4.   Subject to the formal requirements of the Registrar, the court orders that probate of the Will of Renato Sorati made on 20 October 2017 as contained in the copy of the Will that is Exhibit “RS6” to the affidavit of scripts of Robyn Jean Sorati filed on 24 October 2024 be granted to Robyn Jean Sorati as sole executor until the original Will or more authenticated evidence thereof be brought into and left in the Registry of this Court.

5.   The court declares that, upon a proper construction of the 2017 Will, the 2017 Will wholly revokes all previous Wills made by the said Renato Sorati.

6. Further compliance with the requirements of r 598 of the Uniform Civil Procedure Rules 1999 (Qld) be dispensed with.

CATCHWORDS:

SUCCESSION – MAKING OF A WILL – TESTAMENTARY CAPACITY – GENERALLY – where on

5 August 2021 the deceased using a “Will Kit” purported to express his wishes for the distribution of his estate that provided for greater distribution for his wife – where the deceased had a previous will prepared by solicitors which provided for greater distribution for his two sons – where the deceased had symptoms of general cognitive decline prior to making the Will – where evidence demonstrated the deceased had forgotten about earlier will – where the deceased was told that if he did not sign the Will he would die intestate, and “the State” would take over his estate – whether the deceased had the testamentary capacity when making the Will – whether the deceased’s cognitive state raised doubt as to the existence of his testamentary capacity when making the Will

COUNSEL:

T Matthews KC for the applicant L Campbell for the respondent

SOLICITORS:
DJ Hinton Lawyers for the applicant

MPD Law for the respondent

The several Wills of Renato Sorati

On 5 August 2021, whilst using a “Will Kit”, Renato Sorati purported to express his wishes for the distribution of his estate. The issue in this trial was whether, on that date, Renato had the requisite (testamentary) capacity to do so.

When Renato married Robyn Sorati (plaintiff) in 1991, he had two sons – Paul (the defendant) and Andrew…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Sorati v Sorati

Details

AGLC: Sorati v Sorati [2025] QSC 14
Case: [2025] QSC 14
Decision Date: 31 January 2025

CaseChat Overview and Summary

The case of Sorati v Sorati involved a dispute over the validity of a will made by Renato Sorati, who passed away on 5 August 2021. The will, executed using a “Will Kit,” directed that the majority of his estate be distributed to his wife, contrary to a previous will prepared by solicitors that favoured his two sons. The deceased exhibited symptoms of cognitive decline prior to the creation of the will, and evidence suggested he had forgotten about the earlier will. The plaintiffs contended that Renato lacked testamentary capacity due to his cognitive state, arguing that he was coerced into signing the will under the impression that failure to do so would result in his estate being inherited by the state. The court was tasked with determining whether Renato had the requisite testamentary capacity when making the will and whether his cognitive condition cast doubt on his capacity.

The court examined the evidence regarding Renato's cognitive decline and the circumstances under which the will was executed. The plaintiffs argued that Renato's cognitive decline, coupled with the pressure he felt due to being told he would die intestate if he did not sign the will, undermined his testamentary capacity. The court considered the requirement for testamentary capacity, which includes understanding the nature of the act of making a will, the extent of the estate, and the claims to which he might be expected to provide for out of his estate. The court also scrutinised whether the deceased's cognitive state raised a significant doubt about his capacity to make a will. After weighing the evidence, the court concluded that Renato had the necessary testamentary capacity when he made the will, despite his cognitive decline.

In dismissing the plaintiffs' claim, the court held that Renato had testamentary capacity when he executed the will on 5 August 2021. The court also pronounced the validity of the 2017 will, which had been executed when Renato's cognitive state was sounder, and that this will revoked all prior wills. The court ordered that probate of the 2017 will be granted to Robyn Jean Sorati as the sole executor, subject to the formal requirements of the Registrar. Additionally, the plaintiffs were ordered to pay the defendant's costs of the proceeding.

Orders

Orders of the court

1. The Plaintiffs’ claim is dismissed.

2. The Plaintiffs are ordered to pay the Defendant’s costs of the proceeding.

3. The court pronounces for the force and validity of the copy Will of Renato Sorati made on 20 October 2017, and being Exhibit RS6 to the affidavit of scripts of Robyn Jean Sorati, which is Exhibit 3 tendered in the proceeding.

4. Subject to the formal requirements of the Registrar, the court orders that probate of the Will of Renato Sorati made on 20 October 2017 as contained in the copy of the Will that is Exhibit “RS6” to the affidavit of scripts of Robyn Jean Sorati filed on 24 October 2024 be granted to Robyn Jean Sorati as sole executor until the original Will or more authenticated evidence thereof be brought into and left in the Registry of this Court.

5. The court declares that, upon a proper construction of the 2017 Will, the 2017 Will wholly revokes all previous Wills made by the said Renato Sorati.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	Sorati & Anor v Sorati [2025] QSC 14
PARTIES:	ROBYN JEAN SORATI and RHIANN ISOBEL MILLANE (also known as RHIANN ISOBEL BENVENUTI) as Executors of the Will of RENATO SORATI Deceased dated 5 August 2021 (plaintiffs) v PAUL ANTHONY SORATI (defendant)
FILENO/S:	BS 14682/23
DIVISION:	Trial Division
PROCEEDING:	Trial
ORIGINATINGCOURT:	Supreme Court
DELIVEREDON:	31 January 2025
DELIVEREDAT:	Brisbane
HEARINGDATE:	2 and 3 December 2024; 31 January 2025
JUDGE:	Justice Callaghan
ORDER:	1. The Plaintiffs’ claim is dismissed. 2. The Plaintiffs are ordered to pay the Defendant’s costs of the proceeding. 3. The court pronounces for the force and validity of the copy Will of Renato Sorati made on 20 October 2017, and being Exhibit RS6 to the affidavit of scripts of Robyn Jean Sorati, which is Exhibit 3 tendered in the proceeding. 4. Subject to the formal requirements of the Registrar, the court orders that probate of the Will of Renato Sorati made on 20 October 2017 as contained in the copy of the Will that is Exhibit “RS6” to the affidavit of scripts of Robyn Jean Sorati filed on 24 October 2024 be granted to Robyn Jean Sorati as sole executor until the original Will or more authenticated evidence thereof be brought into and left in the Registry of this Court. 5. The court declares that, upon a proper construction of the 2017 Will, the 2017 Will wholly revokes all previous Wills made by the said Renato Sorati.

*6. Further compliance with the requirements of r 598 of the Uniform Civil Procedure Rules 1999* (Qld) be dispensed with.**
CATCHWORDS:	SUCCESSION – MAKING OF A WILL – TESTAMENTARY CAPACITY – GENERALLY – where on 5 August 2021 the deceased using a “Will Kit” purported to express his wishes for the distribution of his estate that provided for greater distribution for his wife – where the deceased had a previous will prepared by solicitors which provided for greater distribution for his two sons – where the deceased had symptoms of general cognitive decline prior to making the Will – where evidence demonstrated the deceased had forgotten about earlier will – where the deceased was told that if he did not sign the Will he would die intestate, and “the State” would take over his estate – whether the deceased had the testamentary capacity when making the Will – whether the deceased’s cognitive state raised doubt as to the existence of his testamentary capacity when making the Will
COUNSEL:	T Matthews KC for the applicant L Campbell for the respondent
SOLICITORS:	DJ Hinton Lawyers for the applicant MPD Law for the respondent