Williams v Public Trustee of New South Wales (No 2)

The case of Williams v Public Trustee of New South Wales (No 2) involved the plaintiff, Williams, seeking to obtain probate of an informal will. The deceased, who had executed a formal will, passed away after executing a second, less formal will. The dispute centred on whether the Court was satisfied that the deceased had executed the informal will and if the deceased had testamentary capacity at the time of the earlier will. The Public Trustee of New South Wales opposed the granting of probate for the informal will, arguing that it did not meet the necessary legal standards.

The central legal issues in the case were whether the informal will was executed in accordance with the legal requirements for a valid will and if the deceased had testamentary capacity when the informal will was executed. The Court needed to determine if the informal will was sufficiently formal and if the deceased had the necessary mental capacity to execute it. These issues were critical in deciding whether the informal will could be probated.

In reaching its decision, the Court examined the circumstances surrounding the execution of the informal will. The Court concluded that the informal will did not meet the formal requirements for a valid will. Additionally, the Court found that the deceased did not have testamentary capacity at the time the informal will was executed. This was based on evidence that the deceased suffered from dementia, which affected their ability to understand the nature and effect of the will-making process. Consequently, the Court held that the informal will could not be probated.

As a result of the Court's findings, the plaintiff's application for the probate of the informal will was dismissed. The formal will executed by the deceased remained the valid testamentary document, and the Public Trustee's opposition to the informal will was successful.