Tonight: Evidence in Probate suits: Is there really no hierarchy?
07/03/2023

In-person: Wednesday, 8 March 2023
Courts hearing cases concerning the validity of testamentary instruments, such as where mental capacity is in issue, often refer to the assessment of evidence along the following lines: There is no hierarchy in the sources of evidence in Probate suits. The weight to be given to the evidence of any particular witness or document, whether lay, legal or medical, will depend on a number of factors. But what are those factors?
Justice Philip Hallen is the Succession List judge in the Supreme Court of NSW. In this session, Justice Hallen will address the issue of evidence in probate proceedings, with particular focus on testamentary capacity cases and on the factors and circumstances that will contribute to the weight a Court is likely to give evidence. Hayley Bennett will introduce the topic.
This session will be in-person held in the Bar Association's Common Room and will be interactive, with barristers invited to attend and take the opportunity to ask questions.
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