Starr v Miller

Starr v Miller is a case concerning the validity of a will and claims for family provision under the Succession Act 2006 (NSW). The dispute arose following the death of the deceased, who executed a will shortly before suffering a stroke. The plaintiffs, the deceased's daughters, contested the will's validity, alleging that the deceased lacked testamentary capacity and did not have knowledge and approval of the will's contents. They also made alternative claims for family provision orders under the Succession Act.

The legal issues the court had to decide were whether the deceased had testamentary capacity when executing the will and whether the will reflected the deceased's knowledge and approval. Additionally, the court needed to determine if the daughters were entitled to family provision orders under the Succession Act, considering whether the will made adequate and proper provision for them.

The court applied the test from Banks v Goodfellow, which examines testamentary capacity, considering the deceased's understanding of the nature and effect of making a will and the distribution of the estate. The court examined the circumstances surrounding the will's execution, including evidence from the solicitor who received the instructions. The court found that the deceased had testamentary capacity at the time of making the will and that the will reflected the deceased's intentions. The alternative claims for family provision were dismissed as the will made adequate and proper provision for the daughters.

In summary, the court upheld the validity of the will and dismissed the daughters' claims for family provision.