What is the ratio decidendi for Re tracey 2011 nswca 43?

Answer 1

The ratio decidendi in Re Tracey [2011] NSWCA 43 revolves around the principles of testamentary capacity and the validity of a will. The court held that a will made by a testator who lacks the requisite mental capacity at the time of its creation is invalid. Additionally, the decision emphasized the need for clear evidence of the testator's intentions and understanding when executing a will. This case is significant in clarifying how courts assess testamentary capacity in will disputes.