Wills and estates: Practical tips for dealing with testamentary capacity

Estate litigation in NSW has grown markedly since the turn of the century. Statistics published by the Supreme Court of NSW (as at 26 June 2019) show that since 2015 more than 1,000 cases in probate and family provision have been commenced each year in the Supreme Court alone. A consequence of that volume of litigation is that practitioners who may not have undertaken much, if any, of this work in the past are now being required to run or defend these cases. The purpose of this article is to provide some practical assistance for practitioners dealing with an issue that commonly arises in estate litigation - testamentary capacity.