A will prepared and witnessed by a lawyer does not guarantee the
testator will know and approve the will's content.
Case note: Veall v Veall [2015] VSCA
60
The testator, Arthur Keith Veall, died on 13 October 2011 aged
91 years.
The testator's last will was dated 10 December 2011.
His last will was challenged on two grounds at trial. That the
testator:
- lacked testamentary capacity shortly before and at the time
that he executed the will; and
- did not know and approve the contents of his will.
The trial judge refused to admit the will to probate.
Notwithstanding that the testator suffered from impaired cognition,
the judge was satisfied that the testator did have testamentary
capacity before and at the time that he executed his will.
Notwithstanding that he had testamentary capacity and that the will
was drawn by a solicitor and read by him to the testator, the trial
judge was not satisfied that the testator knew and approved its
contents. [Veall & An
