› Lack of testamentary capacity and lack of knowledge and approval asserted
› Suspicious circumstances - Application of the test in Banks v Goodfellow
› Where deceased suffered a stroke before making Will
› Consideration of contemporaneous evidence of solicitor to whom instructions given
Succession
› Alternative claims for family provision order under the Succession Act 2006 (NSW), Ch 3
› Claim by adult daughters of the deceased
› Whether adequate and proper provision not made in the Will of the deceased for each applicant and, if so, the nature and quantum of the provision to be made for her
Case Details
Citation[2021] NSWSC 426
CourtNSWSC
JurisdictionNew South Wales
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