The Estate of Anable

The matter before the Court involved the estate of a deceased individual who had executed two wills. The first will was executed when the deceased appeared to have testamentary capacity. However, the second will was executed when the deceased was suffering from Alzheimer’s disease, which impaired his capacity. The court was required to determine which will should be probated, considering the deceased's mental state at the time of each will's execution.

The legal issues the court needed to address were whether the deceased had testamentary capacity at the time of the first will and whether he lacked such capacity at the time of the second will. The court had to consider the medical evidence and the circumstances surrounding the execution of each will. The court needed to ensure that it was satisfied on a balance of probabilities that the deceased lacked testamentary capacity when he made the second will and had the capacity when he made the first will.

In reaching its decision, the court examined the medical evidence and testimony from witnesses regarding the deceased's condition at the relevant times. The court concluded that the deceased did not have testamentary capacity at the time of the second will due to the severity of his Alzheimer’s disease. Conversely, the court found that the deceased had testamentary capacity at the time of the first will. As a result, the court granted probate of the first will and declared that the deceased had testamentary capacity at the time of its execution.