Lim v Lim [2022] NSWSC 454

Lim v Lim [2022] NSWSC 454

The Court found that the Defendant, as the propounder of the 2019 Will, had not discharged the burden of proving that the deceased, Daisy Ut-Mui Lam, had testamentary capacity or knew and approved the contents of the 2019 Will at the time of execution. Substantial doubt remained, due to inadequate inquiries by the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 April 2022
Procedural Posture
Contested Probate / Judgment After Trial
Outcome
Plaintiff successful; probate of 2019 Will revoked; probate of 2011 Will granted in solemn form.
Legal Topics
['probate' 'testamentary Capacity' 'knowledge and Approval' 'suspicious Circumstances' 'revocation of Probate']
['succession Law'] ['probate' 'testamentary Capacity' 'knowledge and Approval' 'suspicious Circumstances' 'revocation of Probate']

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Procedural Posture

Contested Probate / Judgment After Trial

Legal Issues

  1. 1 ['Whether the deceased, Daisy Ut-Mui Lam, had testamentary capacity when she made the 2019 Will' 'Whether there were suspicious circumstances that displace the presumption of knowledge and approval of the 2019 Will' 'Whether the deceased knew and approved the contents of the 2019 Will']

Ratio Decidendi

The Court found that the Defendant, as the propounder of the 2019 Will, had not discharged the burden of proving that the deceased, Daisy Ut-Mui Lam, had testamentary capacity or knew and approved the contents of the 2019 Will at the time of execution. Substantial doubt remained, due to inadequate inquiries by the solicitor, the deceased's language limitations, hearing difficulties, lack of evidence explaining the dramatic change in testamentary disposition, and failure to access or weigh competing claims on her bounty. Therefore, the 2019 Will was invalid and probate was revoked. Solemn form probate of the 2011 Will was ordered.

Court Disposition

Plaintiff successful; probate of 2019 Will revoked; probate of 2011 Will granted in solemn form.

Orders

  • ['Probate of Will dated 16 October 2019 of Daisy Ut-Mui Lam revoked.' 'Probate in solemn form of the Will made on 29 July 2011 by Daisy Ut-Mui Lam granted to the Plaintiff.' 'Matter remitted to the Senior Deputy Registrar in Probate to complete the grant.' 'Cross-claim dismissed.' "Plaintiff's agreed costs ($125,000...