Battle of the Wills

A mammoth ‘battle of the wills’ case pertaining to the estate of David Rofe, a wealthy man who, in his prime, was a prominent NSW barrister.

In this case, the NSW Supreme Court considered competing applications for Probate and examined suspicious circumstances surrounding the execution of several Wills, which were drafted with the assistance of ‘interested persons’ during the years of his declining health.

A controversial, yet crucial reminder of the importance of getting to know your client when taking Will instructions, in addition to applying the relevant test when determining testamentary capacity.

You can read the full case of Estate Rofe [2021] NSWSC 257 here.