Sullivan v Greig

In the Supreme Court of Victoria, the matter of Sullivan v Greig involved a challenge to the validity of a will by the deceased's daughter. The deceased, who was suffering from a terminal illness, executed a will on 15 November 2023, the day before his death, naming the respondent as the executor and the sole beneficiary of his estate. The applicant, who is the deceased's only daughter, contested the will, arguing that the deceased lacked the testamentary capacity at the time the will was executed. The respondent, who had been a close friend of the deceased for 36 years, supported the validity of the will.

The legal issues before the court were whether the deceased possessed the requisite testamentary capacity when he executed the will and whether the will complied with the formal requirements of the Succession Act 2006 (Vic). The court had to consider the evidence regarding the deceased's state of mind and health at the time the will was executed, including expert medical opinions. Additionally, the court examined whether the will was properly witnessed and signed by the deceased.

The court found that the deceased had testamentary capacity when he executed the will. The evidence, including medical reports and witness testimonies, demonstrated that the deceased understood the nature and effect of making a will, appreciated the extent of his estate, and was able to comprehend and retain the information necessary to make decisions about the distribution of his estate. The court was satisfied that the will met all formal requirements, including proper witnessing and signing. As a result, the court upheld the validity of the will and ordered that Letters of Administration be granted to the respondent.

The court further directed that written submissions regarding costs be filed within 7 days of the judgment. The final orders included the pronouncement of the full force and validity of the will dated 15 November 2023, and the granting of Letters of Administration to the respondent, subject to formal requirements.