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Published by Andrew Lacey
Sep 16, 2019 in Estate Planning

Mind over matter: NSW Court of Appeal emphasises lay evidence over expert medical evidence on the question of testamentary capacity

How do you determine whether a person had testamentary capacity at the moment they prepared their will? In Drivas v Jakopovic [2019] NSWCA 218, such a dispute made its way to the NSW Court of Appeal. The Court had to balance the evidence of the solicitor who drafted the will against medical tests and expert medical opinions. In doing so, the Court has reaffirmed the significant weight that is to be placed on lay evidence in determining the...

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