The appellant, Nancy Johnson, appealed the dismissal of her application to prove her mother's 2015 will in solemn form and sought leave to appeal a costs award.
The Court of Appeal upheld the application judge's decision, finding no error in the application of the Neuberger framework.
The application judge correctly determined that the appellant failed to meet the minimal evidentiary threshold to call into question the will's validity or the testator's capacity, and that the respondents successfully answered any challenge.
The court also affirmed the costs award, reiterating that estate litigation is subject to general costs rules and that the appellant's case did not warrant an exception for costs to be paid from the estate.
