The majority held that a trial judge must exercise the discretion to admit or exclude evidence under ss 92 and 98 of the Evidence Act 1977 (Qld) in a manner that does not unfairly advantage one party, particularly where a witness's claim of privilege against self-incrimination prevents cross-examination of admitted prior statements. Davies JA held that the jury is entitled to draw whatever inferences are reasonably open from a witness's claim of privilege, departing from the view that no inference may be drawn. The doctrine of suspicious circumstances in probate is confined to circumstances relating to the preparation or execution of the will, not events after the testator's death. Where the question is whether a will was duly executed at all (as opposed to whether a duly executed will was procured by fraud), no onus falls on the party opposing probate to prove fraud.
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