The appellant challenged a trial judgment in a wills and estates dispute, arguing that the trial judge implicitly found testamentary capacity but improperly shifted the burden of proof on undue influence.
The Court of Appeal declined to comment on capacity and held that the trial judge reached the correct conclusion on undue influence.
The court further held that, even if there had been a burden-shifting error, the evidence overwhelmingly supported the finding of undue influence.
The appeal was dismissed, with all parties entitled to their costs of the appeal out of the estate.
