Practitioners propounding a will who seek summary dismissal of a caveat must file affidavit evidence that comprehensively addresses each ground of objection raised, including lay observations of capacity and allegations of undue influence or fraud; reliance on selective solicitor file notes and a brief treating doctor's letter without direct evidence from those witnesses will be insufficient. The decision also confirms that where procedural orders restrict a caveator's ability to file evidence or issue subpoenas, the court will be reluctant to grant summary judgment under s 64 CPA.
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