In contested probate proceedings, the Briginshaw standard does not apply to the propounder's burden of establishing testamentary capacity; the burden remains on the propounder on the balance of probabilities. The Briginshaw standard applies only where the evidential burden shifts to the caveator on the ground of undue influence. A foreshadowed Part IV family provision claim is irrelevant to the determination of costs in a caveat proceeding.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
1 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.