Sorati v Sorati

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.