HOARE v REYBURN (in his capacity as the Executor named in the Purported Will)

• 1. Probate
  2. › Proof of will in solemn form
  3. › Two wills
  4. › Later will made when testatrix lacked capacity
  5. › Onus of proof
  6. › Whether executor propounding earlier will bears onus of proving invalidity of later will
  7. › No appearance by executor or beneficiary under later will
  8. › Wills Act 1970 (WA), s 8
• 1. Probate
  2. › Testamentary capacity
  3. › Alzheimer's disease
  4. › Evidence of lack of capacity at time of later will
  5. › Medical evidence
  6. › Observations of solicitor's staff
• 1. Probate
  2. › Proof of will in solemn form
  3. › Role of executor
  4. › Presumption of competence from due execution
  5. › Court not required to conduct independent investigation of validity

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