Birt v The Public Trustee of Queensland [2013] QSC 13 is a very interesting read.  The Court pronounced against the validity of the will.

What is fascinating though (OK, maybe only to succession lawyers!) is that A Lyons J found against the first limb of the Bank v Goodfellow test – she was not convinced that the testator was able to comprehend the nature of the act of making a will and its effect.  I am not aware of any cases which have found against this limb (although I’m sure there are some, somewhere in history).

Read Birt v The Public Trustee of Queensland here

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