Sullivan v Greig

[2023] QSC 97

SUPREME COURT OF QUEENSLAND

CITATION:

Sullivan v Greig [2023] QSC 97

PARTIES:

LINDA ROSE SULLIVAN

(applicant)
v
VALERIE GREIG
(respondent)

FILENO/S:

BS No 14749 of 2021

DIVISION:

Trial Division

PROCEEDING:

Trial

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVEREDON:

10 May 2023

DELIVEREDAT:

Brisbane

HEARING DATES:

15 & 16 February 2023

JUDGE:

Williams J

ORDER:

1.   THE COURT ORDERS THAT:

(a)     The Court pronounces for the full force and validity of the Will of the deceased dated 15 November 2021.

(b)     Subject to the formal requirements of the Registrar, Letters of Administration of the deceased’s estate with the Will dated 15 November 2021 be granted to the respondent.

2.   FURTHER, THE COURT DIRECTS THAT:

(a)     the parties file written submissions of no more than 3 pages in respect of costs within 7 days of today.

CATCHWORDS:

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

will dated 15 November 2023 (the Will) appointed the respondent executor and named her as the sole beneficiary of the deceased estate – where the Will was dated one day prior to the deceased’s death – where the deceased was suffering a terminal illness – where the deceased and the respondent were close friends for 36 years – where the applicant is the only daughter of the deceased – where the applicant challenges the

Will on grounds of the signature on the Will being a forgery and the deceased lacking testamentary capacity when the Will

was executed – where the respondent contends that the Will was executed by the deceased and the deceased had the necessary capacity at the time – whether the Will is invalid because the deceased lacked testamentary capacity

SUCCESSION – MAKING OF A WILL – TESTAMENTARY INSTRUMENTS – FRAUD – where a

will dated 15 November 2023 (the Will) appointed the respondent executor and named her as the sole beneficiary of the deceased estate – where the Will was dated one day prior to the deceased’s death – where the deceased was suffering a terminal illness – where the deceased and the respondent were close friends for 36 years – where the applicant is the only daughter of the deceased – where the applicant challenges the Will on grounds of the signature on the Will being a forgery and the deceased lacking testamentary capacity when the Will was executed – where the respondent contends that the Will was executed by the deceased and the deceased had the necessary capacity at the time – where the Court accepted the evidence of two witnesses that the deceased signed the Will in their presence – where the applicant presented no direct evidence disputing the authenticity of the deceased’s signature on the Will – whether the respondent has discharged the onus of satisfying the Court that the deceased signed the Will

Succession Act 1981 (Qld), s 18

Uniform Civil Procedure Rules 1999 (Qld), r 603

Williams, Mortimer & Sunnucks: Executors, Administrators and Probate, 20 ed

Law of Succession, 2…