The Court of Appeal upheld findings that a testator with Parkinson's disease had testamentary capacity and knew and approved his 2006 will despite cognitive testing showing some impairment, where evidence showed he gave coherent instructions and the will was read to him before execution. The Court confirmed that where a beneficiary is involved in the will-making process, the proponents must affirmatively establish the testator's knowledge and approval, but this was satisfied here by evidence of direct instructions and the will being read aloud. The Court held that statutory provisions in the Protected Estates Act and NSW Trustee & Guardian Act do not operate to 'claw back' the value of jointly owned property that was specifically devised but later transferred pursuant to Family Court orders, confirming the doctrine of ademption applies.
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