The appellants appealed the dismissal of their application in contested estate proceedings challenging the validity of powers of attorney executed by their mother in 2013.
The appellants sought to invalidate the 2013 powers of attorney and reinstate 1995 powers of attorney.
The central issue was whether the testator had the requisite capacity to execute the 2013 powers of attorney.
The application judge found that the appellants failed to rebut the presumption of capacity with clear evidence on a balance of probabilities.
The Court of Appeal upheld the dismissal, finding no error in the application judge's assessment of the evidence or exercise of discretion.
