28 May 2009
WOODWARD V SMITH CA CA84/2008
- Citation
- openlaw-4e05c770_ea12_49f7_a1d5_00e12f23d8f0.pdf
- Court
- Court of Appeal
On the balance of probabilities the Court of Appeal upheld the High Court finding that the deceased had testamentary capacity when executing the will of 10 April 2001; the cumulative weight of contemporaneous evidence, including medical and lay testimony despite procedural shortcomings in assessment, satisfied Banks v Goodfellow criteria and warranted dismissal of the appeal.