Catchwords:

SUCCESSION – wills, probate and administration – contested probate – testamentary capacity – knowledge and approval of will – where deceased suffering cognitive impairment – evidence that deceased expressed intention to disinherit sole beneficiary under previous will – whether primary judge erred in making various factual findings and evidentiary rulings – whether primary judge erred in not accepting unchallenged expert evidence as to capacity and giving weight to lay evidence and that of solicitor witnessing the new will – whether primary judge erred in obiter finding that if new will invalid the evidence as to capacity as at that time would raise a doubt, which was not resolved by the evidence, as to capacity at time of previous will

COSTS – whether primary judge erred in making costs order against appellant personally and not applying so-called probate exception to costs