Wechsler v Du Maurier

The appellant, Wechsler, sought provision from the estate of the deceased, Du Maurier, who had executed a will and codicil. The primary dispute concerned whether the deceased had failed to make sufficient provision for the appellant in her testamentary instruments, and whether a particular belief held by the deceased constituted a delusion that vitiated her testamentary capacity at the time of making the will. The matter came before the Court of Appeal of New South Wales.

The court was required to determine two principal legal issues. Firstly, whether the deceased, at the time of making her will and codicil, was suffering from a delusion that affected her testamentary intentions. Secondly, if the deceased was not suffering from a delusion, whether the provision made for the appellant in the will and codicil was nonetheless insufficient, requiring the court to make an order for further provision from the estate.

The court found that the deceased's belief, though false, did not amount to a delusion in the legal sense. A delusion, for the purposes of testamentary capacity, requires a belief that is contrary to all evidence and reason, and which persists despite evidence to the contrary. The deceased's belief, while factually incorrect, was not demonstrably irrational or unshakeable in the face of evidence. Consequently, the court held that the deceased possessed the requisite testamentary capacity. As the deceased was not suffering from a delusion, the court then considered whether the provision made for the appellant was insufficient. The court concluded that the provision made was adequate, and no further provision was warranted.

Accordingly, the appeal was dismissed with costs.