Catchwords

SUCCESSION – WILLS, PROBATE AND ADMINISTRATION – THE MAKING OF A WILL – TESTAMENTARY CAPACITY – SOUNDNESS OF MIND, MEMORY AND UNDERSTANDING – EVIDENCE – ONUS OF PROOF AND WEIGHT OF EVIDENCE – respondent acted as solicitor for testator since 1987 performing mainly conveyancing of residential and commercial properties – respondent drafted a will on behalf of testator which significantly benefited the respondent – trial judge upheld the validity of the will and the substantial gift to the respondent – whether respondent discharged burden of proof to demonstrate satisfactorily that the testator had testamentary capacity at the time he made his will and that he knew and approved the contents of the will at the time he made it – whether the trial judge properly rejected the evidence of the testator’s widow regarding meetings between the testator and the respondent – whether the respondent ought to have been ordered to pay the costs of the action regardless of whether or not probate was granted – whether respondent had a duty to refuse to make a will that benefited him