Testamentary Capacity and “Insane Delusion” – Appellate clarification
written by
talithafishburn
Today the Court of Appeal in Carr v Homersham [2018] NSWCA 65 upheld an appeal regarding testamentary capacity. The Court discussed 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. A copy of the judgment is here : https://bit.ly/2GszEko It is a significant decision and important to Estate practitioners.