DJ Singh v DH Singh and Others [2018] NSWCA 30

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: DJ Singh v DH Singh and Others [2018] NSWCA 30 Hearing dates: 1 November 2017 Decision date: 01 March 2018 Before: Gleeson JA at [1] Leeming JA at [318] White JA at [326] Decision: CA 2015/319432 (1) Appeal dismissed. (2) Appellant to pay the costs of the first and second respondents.

CA 2017/156218 (1) Extend time for the filing of the document styled "Notice of further appeal" on 1 May 2017. (2) Appeal dismissed. (3) Appellant to pay the costs of the first and second respondents. Catchwords: SUCCESSION – wills, probate and administration – whether evidence raised doubt as to testamentary capacity – whether proponents of last will satisfied the court that the deceased was of sound mind, memory and understanding at time of execution of will.

SUCCESSION – wills, probate and administration – whether presumption of knowledge and approval of contents of will displaced by suspicious circumstances – where respondent son involved in will-making process – whether deceased understood the legal effect of specific gifts of jointly owned property.

SUCCESSION – wills, probate and administration – claim for rectification of will – whether will gave effect to the deceased's intention – where instructions for will given by deceased to his solicitor and also via his son - challenge to credit based findings of primary judge accepting evidence of instructions given by the deceased to his solicitor and his son.