The Public Trustee v Stretch

In this action, the Public Trustee sought to establish the validity of the first of three wills made by George Lewis. The second and third wills were dated 29 November and 6 December 1988, respectively. The plaintiff argued that Mr Lewis lacked testamentary capacity when he made the second and third wills because he was 89 years old and suffering from paranoid persecutory delusions. The defendants, who were grandchildren and great-grandchildren of Mr Lewis, sought a declaration that the third will was valid. The court had to determine whether Mr Lewis lacked testamentary capacity at the time he made the third will. The court found that Mr Lewis had long held eccentric views, which had begun to assume delusional proportions. However, the court held that these delusions did not impair his testamentary capacity. The court found that Mr Lewis had a rational decision-making process, understood the nature of the testamentary act, and recognized the claims upon his estate. The court dismissed the plaintiff's claim and pronounced for the force and validity of the third will.