On an estate appeal, the appellants challenged findings that upheld a later will, dismissed their application, and refused costs relief.
The court found legal and palpable-and-overriding errors in the trial-level analysis of suspicious circumstances, knowledge and approval, conflict concerns surrounding the drafting solicitor, and undue influence evidence.
The court held the impugned will invalid, granted related relief dismissing the connected Small Claims Court action, and set aside the costs order.
Applying modern estate-costs principles, the court ordered a blended costs result, including substantial indemnity costs personally against the respondent for part of first-instance costs, with the remaining amounts payable from the estate.
