It is essential to validity of a will that, at the time it was made, the person making it had “testamentary capacity”.

In Carr v Homersham [2018] NSWCA 65, the Court of Appeal considered the meaning and language of the expression “insane delusion”, and the significance of false beliefs held by testators or testatrices and the circumstances in which they may indicate a lack of testamentary capacity.

Summary: Just because a testatatrix has a material false belief about a potential beneficiary,  A,  does not mean that she lacks the capacity to comprehend and appreciate the claims of potential beneficiaries, including A.

I have a special interest in litigation involving wills and estates.

I have a Master of Laws (Applied Law) majoring in Wills & Estates and Commercial Litigation.

I am happy to consider whether you have a claim to challenge a will because of a lack of testamentary capacity. 

If you are an executor named in a will, and there is an assertion that the will is bad because of a lack of testamentary capacity, I am also happy to to advise you.

Please call me on 1300 431 895, or email me at justin@conomylegal.com to request an initial consultation.

Justin Conomy t/as Conomy Legal – A.B.N. 29 651 337 387

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