Drivas v Jakopovic [2019] NSWCA 218 (05 September 2019) (Bell ACJ at [1]; Macfarlan JA at [2]; McCallum JA at [79])


Catchwords:


SUCCESSION – testamentary capacity – weight to be given to conclusory expert medical evidence on the legal issue of whether deceased had testamentary capacity – weight to be given to solicitor’s evidence of practice concerning clients’ execution of wills

EVIDENCE – weight to be given to solicitor’s evidence of practice concerning clients’ execution of wills – Connor v Blacktown District Hospital [1971] 1 NSWLR 713 and other authorities referred to