Just in Case Law

SUCCESSION: The influence of delusions


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CASE: Croft v Sanders [2019] NSWCA 303

When Warwick Croft made his last Will in 2013, he was 82 years old and suffering from delusions. He believed that four of his daughters were scheming against him, that they worked in a brothel and were sending prostitutes to knock on his door late at night. He talking about seeing things in his backyard - a black panther, huge owls, and one of his daughters running down a fence.

Croft's Will left most of his $3 million estate to one of his six daughters, Anna. Two of the daughters, Leah and Esther, challenged the Will on the basis that their father lacked capacity when it was made.

The Court was required to determine to what extent Croft's Will was influenced by his delusions and what was a reasonable response to his daughters taking their mother's side in his divorce.

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Just in Case LawBy Tanya Chapman


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