A trial judge may reject uncontradicted expert medical evidence of lack of testamentary capacity where hospital records show behaviour inconsistent with the expert's diagnosis and the expert fails to adequately explain the inconsistency. The Banks v Goodfellow criteria are matters for commonsense judicial judgment on the whole evidence, not solely medical questions, and evidence of understanding may come from non-expert witnesses. In probate proceedings, extensive judicial questioning of an expert witness is permissible where directed to elucidating the expert's opinion in relation to matters of concern raised by the evidence.
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