NSW Banks v Goodfellow

[perjury]

When is the Banks v Goodfellow applied in a probate matter? (it seems the answer not as obvious as most think)

 

[Tim W]

It's on the table any time that capacity is in question.

But it's a matter of the plaintiff to make it part of a claim.
That requires evidence.
"Evidence" is almost always more than mere lay opinion and anecdote.
---> What's yours?

 

[perjury]

Hi Tim

Thanks for the answer

It seems to me the defendant is usually challenging the will and will make the claim of testamentary incapacity

The onus of proof is on the claimant

However, perhaps I did not ask the question clearly

Which element of the defence or cross-claim 'triggers' the Banks v Goodfellow application in a probate matter?

Regards

Greg