Recent Cases

Lim v Lim [2023] NSWCA 84 (01 May 2023) (Bell CJ, Kirk JA and Griffiths AJA)


SUCCESSION — Contested probate — Testamentary capacity — Lack of knowledge and approval — Significant change in nature of will — Suggestion of hepatic encephalopathy — Dispute about deceased’s hearing capacity — Dispute about deceased’s ability to understand Mandarin

EVIDENCE — Standard of proof — Civil cases — Principle in Briginshaw v Briginshaw — Nature and strength of evidence required to establish a fact depends on nature of fact and on context in which fact sought to be proved — No general requirement of a higher degree of satisfaction in cases of contested probate