Trustee for the Salvation Army (NSW) Property Trust v Becker

The case of *Trustee for the Salvation Army (NSW) Property Trust v Becker* concerned an appeal to the Court of Appeal of New South Wales regarding the validity of a will. The dispute centred on allegations of undue influence and fraud in relation to a disposition made by the testatrix, Miss Wilson, in favour of Ms Abel. The appellants, representing charities, contended that the will was invalid due to undue influence and fraud, while Ms Abel, the principal beneficiary, defended its validity.

The primary legal issues before the Court of Appeal were whether the trial judge erred in finding that the testatrix had knowledge and approval of the contents of her will, and whether the evidence established undue influence or fraud. Specifically, the charities argued that the judge's findings were inconsistent with incontrovertible facts or based on demonstrably improbable evidence. The court was required to consider the principles governing the assessment of evidence in probate matters, particularly concerning allegations of coercion and the testator's true intentions.

The Court of Appeal dismissed the appeal, upholding the trial judge's findings. The court applied the principles established in cases such as *Devries v Australian National Railways Commission*, *Abalos v Australian Postal Commission*, and *Fox v Percy*, which emphasise the importance of the trial judge's assessment of witness credibility and the factual matrix. The court found that the trial judge had properly preferred the evidence of Ms Abel over the untested statement of Miss Wilson, as recounted by Mrs Mawson, regarding the alleged coercion. The judge's assessment of Ms Abel's credibility and the improbability of her having made the alleged false statement to Miss Wilson were crucial to the decision. The court concluded that the charities had not demonstrated that the trial judge erred in his factual findings or in his application of the relevant legal principles.