SUCCESSION: Disorder of the mind

CASE: Estate El Chami; Habib v El Chami [2016] NSWSC 1208

For most of Elias El Chami's life he suffered from paranoid schizophrenia and was institutionalised several times.

His brother Salim had supported him for much of his life, but in the last 10 years they had no contact due to Elias' irrational behaviour.

When Elias was 92 years old he made his final Will leaving his entire estate to his friend Mr Habib. He had only known Habib for several months, but Elias stated he did not want to leave anything to his brother Salim, who he referred to as a 'scorpion'.

The question for the Court was whether Elias had capacity when he made his Will.