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ELDER LAW: A change of Will

ELDER LAW: A change of Will

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CASE: In the Estate of McFadyen [2015] ACTSC 2019

In 2014, 64-year-old Shenee McFadyen was visited by an old work colleague, AB. Within the short two-week visit, AB took Shenee to a solicitor to do a new Will, leaving her whole estate to AB.

Shortly after, Shenee was hospitalised with cerebellar haemorrhage. AB did not come to see her.

Shenee died four months after having signed the Will. AB did not attend the funeral.

Shenee's lifelong friend Marlene applied to the Court to find that the last Will was invalid due to lack of capacity.


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