Drivas v Jakopovic

• 1. Succession
  2. › Wills
  3. › Testamentary capacity
  4. › Weight to be given to solicitor's evidence of usual practice concerning clients' execution of wills
  5. › Weight to be given to expert medical evidence on the legal issue of testamentary capacity
  6. › Banks v Goodfellow [1870] LR 5 QB 549
• 1. Evidence
  2. › Opinion evidence
  3. › Expert evidence
  4. › Weight of conclusory expert medical evidence on mixed question of fact and law
  5. › Whether expert opinions based on incomplete factual foundation entitled to significant weight
  6. › Evidence Act 1995 (NSW), s 140(2)
• 1. Evidence
  2. › Evidence of usual practice
  3. › Admissibility and weight of evidence of habitual practice where witness has no independent recollection
  4. › Whether evidence of solicitor's usual practice sufficient to establish testamentary capacity
• 1. Succession
  2. › Wills
  3. › Knowledge and approval
  4. › Whether suspicious circumstances required separate consideration where testamentary capacity established on the evidence

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