A Jones v Dunkel adverse inference may be drawn against a principal beneficiary and executor who fails to give evidence on the question of testamentary capacity when the defendants' evidence raises a relevant doubt. Unequal testamentary dispositions that are explicable by reference to the testator's relationships and circumstances are not irrational and do not of themselves indicate lack of capacity. Isolated incidents of cognitive impairment, as distinct from repetitive behaviour, may be insufficient to establish lack of testamentary capacity.
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