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The Court of Appeal upheld the dismissal of a will challenge under Rule 75.06.
The appellants challenged the validity of their deceased father's 2021 will and an inter vivos property transfer, alleging lack of testamentary capacity and undue influence by the respondents.
The application judge dismissed their motion for directions, finding they failed to meet the minimal evidentiary threshold under Rule 75.06.
The Court of Appeal upheld this decision, finding no palpable and overriding errors in the application judge's assessment of the evidence regarding capacity or undue influence, nor in his treatment of the evidence or sufficiency of reasons for dismissing the challenge to the property transfer.
