Starr v Miller

The appeal concerned a contested probate application brought by the respondent, Mr. Miller, against the appellant, Ms. Starr. The dispute centred on whether the deceased possessed testamentary capacity at the time she provided instructions for and executed her will, and whether she knew and approved of its contents. A key question was whether the deceased's statement expressing her disagreement with one of her daughters receiving any money constituted a reference to a testamentary gift. The matter came before the Court of Appeal of New South Wales.

The Court of Appeal was required to determine whether the primary judge erred in finding that the deceased had testamentary capacity and knew and approved of the will. Specifically, the court had to consider the significance of the deceased's statement regarding her daughter and whether this, along with other circumstances, constituted "suspicious circumstances" that would warrant a finding against the validity of the will.

The Court of Appeal upheld the primary judge's findings. Their Honours reasoned that the deceased's statement, while potentially ambiguous in isolation, was understood in the context of the will's provisions and the surrounding evidence. The court found no evidence to suggest that the deceased lacked the requisite understanding of her assets, the claims of potential beneficiaries, or the effect of the will. The circumstances were not deemed sufficiently suspicious to displace the presumption of capacity and knowledge and approval.

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs.