10 Aug 2007
HAYES V HAYES HC GIS CIV 2007-416-000007
- Citation
- openlaw-98a178f8_3172_40ac_b5f9_a67f2927aa3a.pdf
- Court
- High Court
The caveator raised seriously arguable questions on both testamentary capacity and undue influence given the deceased's medical history, the circumstances of preparation and execution of the 11 July 2006 will, gaps in evidence about the testatrix's awareness of the extent of her estate and the fact that the beneficiary (Judith) was instrumental in arranging the will; accordingly the proponent must apply for probate in solemn form and a full inquiry is required.