The two-limb test for presumptive undue influence requires both a relationship of ascendancy/dependence and a gift so substantial or improvident as not to be reasonably accounted for by ordinary motives. The existence of an independent motive (such as a desire to deprive a spouse of assets) does not satisfy the second limb if it does not account for the choice of donee. The word 'amendment' in r 5413 of the Court Procedures Rules 2006 (ACT) is equivalent to 'variation' and does not dispense with the requirement to establish error on cross-appeal.
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