Mekhail v Hana; Mekail v Hana [2019] NSWCA 197 (14 August 2019) (Basten JA at [1]; Leeming JA at [2]; Emmett AJA at [190])


Catchwords:


PROBATE – contested grant – suspicious circumstances – whether proponent of will had discharged onus – will left whole estate to propounder – solicitor who explained and witnessed will believed propounder was testatrix’s only daughter and next of kin – solicitor’s erroneous beliefs caused by lies by those benefitting under will – inability to rely on solicitor’s evidence to discharge onus – requirement to consider entirety of suspicious circumstances – appeal allowed and earlier will admitted to probate – consideration of merits of approach in Gill v Woodall [2011] Ch 380; [2010] EWCA Civ 1430

SUCCESSION – application for provision – dependency – factors warranting – whether primary judge erred in failing to find nephew dependent on deceased – dependency conceded at trial – whether primary judge erred in failing to find primary facts on financial position and need