The Court of Appeal dismissed an appeal against the grant of probate in common form, holding that the appellant's claim that a later will existed was entirely unsupported by the evidence. The sole basis for the claim — a statement in a schedule of assets and liabilities regarding superannuation — did not support the existence of a later will. Indemnity costs were ordered against the appellant, to be deducted from her legacy, on the basis that the appeal had no arguable foundation and made no logical challenge to the primary judge's reasoning.
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