In
Power v Smart (2018) WASC 168, the daughters of the
late Mrs Okle, who had dementia and severely impaired vision and
hearing, unsuccessfully disputed the validity of their late
mother's will. The case demonstrates the type of evidence
required to contest a will and the high threshold which must be met
in order to succeed.
Factual background
Irene Okle passed away in August 2013 at the age of 93, leaving
behind two children, five grandchildren and eight great
grandchildren. Two years earlier Mrs Okle had executed a will while
she was a resident at an aged care facility (the 2011
Will).
The 2011 Will appointed two of her grandchildren as the
executors (Robyn and Michael), and left her entire estate to her 8
great grandchildren. In 2016 Robyn and Michael commenced
proceedings in the Supreme Court to formally pronounce the force
and validity of the 2011 Will.
