A claim of testamentary undue influence based on circumstantial evidence of pressure regarding inter vivos property transfers, without evidence connecting the alleged influencer to the drafting of the disputed will, and where the testator was strong-willed and forceful, does not meet the threshold of 'real prospect of success' under s 63 of the Civil Procedure Act 2010 (Vic). However, even where the s 63 threshold is not met, the court may exercise its discretion under s 64 to require a full trial where the claim involves serious allegations and the evidentiary foundation requires testing through cross-examination.
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