An executor-beneficiary who has knowledge of the testator's incapacity from prior proceedings, who fails to adduce medical evidence supporting capacity, and who fails to give direct evidence of the testator's capacity at the time of will-making, will not be able to demonstrate a reasonable basis for defending testamentary capacity proceedings and will be ordered to pay costs personally. Continued defence after receipt of firm medical evidence against capacity may be treated as unreasonable, attracting indemnity costs from that point.
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