WILLIAMS -v- SCHWARZBACK [No 2] [2016] WASC 43
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2016] WASC 43 | |
| Case No: | CIV:1442/2014 | 20 JANUARY 2016 | |
| Coram: | CHANEY J | 23/02/16 | |
| 21 | Judgment Part: | 1 of 1 | |
| Result: | Proof in solemn form of earlier will | ||
| B | |||
| PDF Version |
| Parties: | MERRIL JUNE WILLIAMS NEIL JAMES WILLIAMS JANICE SCHWARZBACK MATTHEW STEPHEN HIGGINS EMMA LAURA HIGGINS GARY JAMES CRAWFORD SOESANNE SUSANTO REGISTRAR OF TITLES ARNOLDUS JOHANNES WEIJERS |
Catchwords: | Wills and probate Proof of will in solemn form Compromise of action involving validity of competing wills Whether proof in solemn form required Delusions affecting testamentary capacity |
Legislation: | Non-contentious Probate Rules 1967 (WA), r 13 Rules of the Supreme Court 1971 (WA), O 73 r 11, O 73 r 19 |
Case References: | Banks v Goodfellow (1870) LR 5 QB 549 Bull v Fulton (1942) 66 CLR 295 Re Levy Deceased [No 2] [1957] VR 662 Re Watts (1837) 1 Curt 594 Vandeleur v Franich (1991) 1 Qd R 481 West Australian Trustee Executor and Agency Co Ltd v Holmes [1961] WAR 144 Wheatley v Edgar [2003] WASC 118 Williams v Schwarzback [2015] WASC 296 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CIVIL
- First Plaintiff
NEIL JAMES WILLIAMS
Second Plaintiff
AND
JANICE SCHWARZBACK
First Defendant
MATTHEW STEPHEN HIGGINS
Second Defendant
EMMA LAURA HIGGINS
Third Defendant
GARY JAMES CRAWFORD
Fourth Defendant
SOESANNE SUSANTO
Fifth Defendant
REGISTRAR OF TITLES
Sixth Defendant
ARNOLDUS JOHANNES WEIJERS
Seventh Defendant
Catchwords:
Wills and probate - Proof of will in solemn form - Compromise of action involving validity of competing wills - Whether proof in solemn form required - Delusions affecting testamentary capacity
Legislation:
Non-contentious Probate Rules 1967 (WA), r 13
Rules of the Supreme Court 1971 (WA), O 73 r 11, O 73 r 19
Result:
Proof in solemn form of earlier will
Category: B
Representation:
Counsel:
First Plaintiff : In person
Second Plaintiff : In person
First Defendant : No appearance
Second Defendant : Mr S R Sirett
Third Defendant : Mr S R Sirett
Fourth Defendant : Mr M N Solomon SC
Fifth Defendant : Mr M N Solomon SC
Sixth Defendant : No appearance
Seventh Defendant : Mr M N Solomon SC
Solicitors:
First Plaintiff : In person
Second Plaintiff : In person
First Defendant : No appearance
Second Defendant : HWL Ebsworth Lawyers
Third Defendant : HWL Ebsworth Lawyers
Fourth Defendant : Clairs Keeley
Fifth Defendant : Clairs Keeley
Sixth Defendant : No appearance
Seventh Defendant : Clairs Keeley
Case(s) referred to in judgment(s):
Banks v Goodfellow (1870) LR 5 QB 549
Bull v Fulton (1942) 66 CLR 295
Re Levy Deceased [No 2] [1957] VR 662
Re Watts (1837) 1 Curt 594
Vandeleur v Franich (1991) 1 Qd R 481
West Australian Trustee Executor and Agency…
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- AGLC
- Williams v Schwarzback [No 2] [2016] WASC 43
- Case
- [2016] WASC 43
- Decision Date
CaseChat Overview and Summary
The case of Williams v Schwarzback [No 2] involved a dispute over the validity of competing wills, with the primary issue being whether a will should be proven in solemn form. The court was required to determine whether the will in question was made in accordance with the formal requirements of the Succession Act 2006 (Qld), particularly whether it was witnessed and signed in a manner that satisfied the solemn form requirement. The case also examined the testamentary capacity of the deceased, with evidence suggesting the deceased was suffering from delusions at the time of making the will.
The legal issues before the court included whether the will in question complied with the solemn form requirement and whether the deceased's testamentary capacity was sufficiently impaired due to delusions to invalidate the will. The court had to consider the statutory provisions regarding the solemn form of wills, including the need for the will to be signed by the testator and at least two witnesses present at the same time. Furthermore, the court needed to assess whether the deceased's delusional state at the time of making the will affected their capacity to understand the nature and effect of the act of making a will.
The court held that the will in question did not meet the solemn form requirement, as it was not signed in the presence of two witnesses at the same time. The court also found that the deceased's delusions did not sufficiently impair their testamentary capacity, as the deceased had demonstrated an understanding of the nature and effect of making a will. Consequently, the court determined that the earlier will, which complied with the solemn form requirements, was valid and should be proven in solemn form. The court's decision was based on a careful analysis of the evidence presented, including expert psychiatric evidence regarding the deceased's mental state.
The final orders of the court mandated that the earlier will, which complied with the solemn form requirements, be proven in solemn form. The court's decision provided clarity regarding the formal requirements for wills and the impact of delusions on testamentary capacity, ensuring that the deceased's wishes were carried out in accordance with the law.
The legal issues before the court included whether the will in question complied with the solemn form requirement and whether the deceased's testamentary capacity was sufficiently impaired due to delusions to invalidate the will. The court had to consider the statutory provisions regarding the solemn form of wills, including the need for the will to be signed by the testator and at least two witnesses present at the same time. Furthermore, the court needed to assess whether the deceased's delusional state at the time of making the will affected their capacity to understand the nature and effect of the act of making a will.
The court held that the will in question did not meet the solemn form requirement, as it was not signed in the presence of two witnesses at the same time. The court also found that the deceased's delusions did not sufficiently impair their testamentary capacity, as the deceased had demonstrated an understanding of the nature and effect of making a will. Consequently, the court determined that the earlier will, which complied with the solemn form requirements, was valid and should be proven in solemn form. The court's decision was based on a careful analysis of the evidence presented, including expert psychiatric evidence regarding the deceased's mental state.
The final orders of the court mandated that the earlier will, which complied with the solemn form requirements, be proven in solemn form. The court's decision provided clarity regarding the formal requirements for wills and the impact of delusions on testamentary capacity, ensuring that the deceased's wishes were carried out in accordance with the law.
Orders
Orders of the court
Proof in solemn form of earlier will
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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