In contested probate, the Briginshaw principle does not automatically apply to raise the degree of satisfaction required whenever testamentary capacity or knowledge and approval is in issue — it only applies where the particular factual matters at issue involve serious allegations such as fraud or manipulative conduct, or inherently unlikely matters.
The full text is available to signed-in members, including the 84 later cases that cite this judgment.
6 of the 84 citing cases carry a classified treatment. How each court treated it is available to signed-in members.