Carr v Homersham [2018] NSWCA 65

The case of Banks v Goodfellow (1870) LR 5 QB 547 set the golden standard for assessing testamentary capacity - the capacity to execute a Will.

Very briefly, the test is:

1. Does the testator understand the act and the effects of making a Will?

2. Does the testator understand the extent of the property of which they are disposing?

3. Does the testator comprehend and appreciate their moral duties?

4. Is the testator affected by a disorder of the mind or insane delusion?

The case of Carr v Homersham focused on the fourth requirement, when it was argued that the testator Beryl Hordern was suffering from insane delusions at the time she made her 2004 Will.

In 2001, Beryl had made a Will leaving everything to her niece Ann Richardson.

In 2004, Beryl made a new Will leaving nothing to her niece and her whole estate to her friend and cleaner Cynthia Carr.

The reason for cutting off her niece? Beryl wasn't happy with something that Ann had said. Ann claimed that she never said the offensive words and that Beryl was suffering from delusions.