Trustee for the Salvation Army (NSW) Property Trust & Anor v Becker & Anor

• 1. Succession
  2. › Wills, probate and administration
  3. › Validity of a will
  4. › Knowledge and approval of the will
  5. › Whether the testatrix approved of the contents of her will
  6. › Suspicious circumstances rule
  7. › Principal beneficiary present at preparation of will
• 1. Succession
  2. › Wills, probate and administration
  3. › Validity of a will
  4. › Undue influence
  5. › Probate undue influence distinguished from equitable undue influence
  6. › Whether the testatrix was coerced into making the impugned disposition
  7. › Whether the testatrix did not intend and desire the disposition
• 1. Succession
  2. › Wills, probate and administration
  3. › Validity of a will
  4. › Fraud
  5. › Whether the principal beneficiary made a wilfully false statement to gain a benefit under the will
  6. › Whether fraud must be separately pleaded in probate proceedings
• 1. Appeal
  2. › Standard of appellate review
  3. › Appeals on questions of fact
  4. › Whether findings inconsistent with incontrovertible facts or based on glaringly improbable evidence
  5. › Credibility findings of trial judge

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