› where testatrix was undergoing treatment for metastatic cancer
› whether evidence revealed not of sound mind, memory or understanding and had sufficient testamentary capacity despite effect of treatments and physical condition
Succession
› Contested probate
› knowledge and approval of testatrix
› whether any evidence of suspicious circumstances surrounding execution of the will
Succession
› Conflict of laws
› where testatrix executed will in Australia and then executed a will in Thailand three years later
› where some differences between the two wills but deal substantially with the same property
› where testatrix domiciled in Australia and Thai will is a valid testamentary instrument under NSW law
› where in any event Thai will accords with formal validity requirements of Thai law
Succession
› Family provision claim
› extension of time required
› where evidence of plaintiff seeking family provision order did not divulge full extent of assets
Case Details
Citation[2023] NSWSC 1359
CourtNSWSC
JurisdictionNew South Wales
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