Tu v Tu Estate of Tu

In the matter of Tu v Tu Estate of Tu, the deceased, Mr Tu, left behind a will which his son, the applicant, sought to have probated. The deceased's daughter, the respondent, opposed the grant of probate, alleging that her father had neither the knowledge and approval of the contents of the will, nor the testamentary capacity to execute it. The Family Court of Australia was tasked with determining these issues. The primary legal question before the court was whether the deceased had the requisite knowledge and approval of the contents of the will, and if he had the testamentary capacity to execute it. The court found that the suspicious circumstances surrounding the making of the will did not provide a defence against the grant of probate. The court also held that the deceased's medical conditions, including Parkinson's disease, delusions, and schizophrenia, did not necessarily negate his testamentary capacity. The onus was on the applicant to prove that the deceased had the capacity to make the will.

The court examined the evidence and concluded that the applicant had discharged the onus of proving testamentary capacity. The court noted that while the deceased suffered from Parkinson's disease and other conditions, there was no evidence to suggest that these conditions impaired his ability to understand the nature and effect of making a will. The court also found that the deceased had knowledge and approval of the contents of the will, despite the suspicious circumstances surrounding its execution. The court accepted that the deceased had the capacity to make the will and that he had the requisite knowledge and approval of its contents. The court granted the application for probate. The court ordered that probate of the will dated 20 April 2017 be granted to the applicant, and that letters of administration with the will annexed be issued to the applicant.