SUCCESSION: A new carer
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SUCCESSION: A new carer
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Summary
CASE: Anastasia Pates v Diane Craig and The Public Trustee Estate of the Late Joyce Jean Cole [1995] NSWSC 87
This case involves a dispute over the last will of the late Joyce Jean Cole and the accusations that Joyce did not have the capacity to make her 1993 will, that she didn’t know or approve of the contents of the will, and that it was executed under undue influence and fraud.
Joyce met Reginald Greenfield when she was in her 60s and they went on to have a relationship for about 10 years.
Unfortunately, in 1990 Reginald suffered a stroke and soon after was moved to a nursing home. After that, Joyce's neighbours and friends noticed a marked decline in Joyce's mental health.
Around Christmas 1992, Joyce met Anastasia Pates and within 3 months Joyce changed her Will to leave her entire estate to Anastasia.
Reginald's daughter litigated on his behalf, seeking to have the 1993 Will overturned in favour of Joyce's 1989 Will which had left everything to Reginald.