Mekhail v Hana; Mekail v Hana

• 1. Probate
  2. › Contested grant
  3. › Suspicious circumstances
  4. › Onus on propounder of will
  5. › Whether proponent discharged onus
  6. › Will left whole estate to propounder
  7. › Solicitor misled by lies of those benefitting under will
  8. › Inability to rely on solicitor's evidence to discharge onus
  9. › Requirement to consider entirety of suspicious circumstances
  10. › Succession Act 2006 (NSW), s 6
• 1. Probate
  2. › Contested grant
  3. › Suspicious circumstances
  4. › Nature and scope of doctrine
  5. › Whether suspicious circumstances operate as gateway threshold or as measure of weight of onus
  6. › Consideration of merits of single-stage approach in Gill v Woodall [2011] Ch 380
• 1. Succession
  2. › Family provision
  3. › Eligible persons
  4. › Dependency
  5. › Whether primary judge erred in failing to find nephew dependent on deceased
  6. › Dependency conceded at trial
  7. › Succession Act 2006 (NSW), ss 57, 59
• 1. Succession
  2. › Family provision
  3. › Factors warranting the making of application
  4. › Whether primary judge erred in failing to make primary findings on financial position and need
  5. › Succession Act 2006 (NSW), s 59(1)(b)

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