Recent Cases

Croft v Sanders [2019] NSWCA 303 (12 December 2019) (Bathurst CJ at [1]; Gleeson JA at [2]; White JA at [3])


SUCCESSION — contested probate — testamentary capacity — application of test in Banks v Goodfellow — where will apparent rational on its face — where evidence of hallucinations or delusions — whether delusions or hallucinations affected the provisions of the will — whether deceased was able to comprehend and appreciate the claims to which deceased ought to have given effect