Croft v Sanders  NSWCA 303
Court of Appeal of New South Wales
The respondents were executors named in the deceased’s will (October will). The appellants were ‘substitute executors’ named in an ‘earlier will’ of the deceased. The appellants contended that the deceased lacked testamentary capacity when making the October will. The primary judge rejected the appellants’ contention and granted probate of the October will to the respondents. The appellants appealed. The court considered the ‘lay evidence as to hallucinations or delusions’ and ‘contemporaneous medical evidence’ and the will’s ‘form and content’. They deteremined whether ‘underlying dementia’ deprived the deceased of testamentary capacity and whether the deceased’s ‘hallucinatory or delusional beliefs’ affected the deceased’s testamentary dispositions. The appeal was dismissed.