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When is a will not a will?

Succession Law News | February 2017

In the recent South Australian case of Roche v. Roche & Anor [2017] SASC 8 the children of the deceased, disputed the capacity of their father to make a will which aggrieved some children and benefitted others.

The court examined all the evidence presented by the warring siblings, including evidence of the solicitors who met with the deceased and obtained his instructions, the evidence of expert witnesses who testified as medical experts on the deceased’s medical issues including some forms of dementia, and the evidence in the form of notes taken by the deceased which demonstrated his mental capacity and ability to make the decisions required to support sufficient testamentary capacity.

The court examined “the combined force” of the all the evidence and formed the view that the deceased did have the sufficient comprehension and other skills to have testamentary capacity to make a will on the terms contained in the subject will.

Forum Law provides advice and assistance in all aspects of preparation of a will and disputing a will or upholding a will. Forum Laws’ solicitors are well qualified and have extensive experience in the law of wills, estates and succession law. Give us a call for an obligation free chat for up to 30 minutes on the phone or make a time to visit us in Leichhardt on 02 9560 3388.

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