Anderson v Yongpairojwong

The appeal concerned a contested grant of probate for a Thai will. The appellant, Anderson, sought to challenge the will of the deceased, Yongpairojwong, who had executed the will while suffering from cancer. The primary judge had found that the testatrix possessed the necessary testamentary capacity at the time of executing the will.

The central legal issues before the Court of Appeal were whether the primary judge erred in finding that the testatrix had testamentary capacity, and whether the circumstances surrounding the execution of the will were sufficiently suspicious to warrant a different outcome. The appellant also raised questions about the desirability of pleading or particularising suspicious circumstances in such cases.

The Court of Appeal affirmed the primary judge's decision, holding that the absence of medical records specifically suggesting a lack of capacity did not preclude a finding of capacity. The primary judge had properly considered the entire universe of evidence presented. The court found that the circumstances surrounding the will's execution were not established as suspicious in a manner that would invalidate the will. The court also noted that while pleading suspicious circumstances is desirable, its absence did not automatically lead to a different conclusion if the evidence otherwise supported the will's validity.

The appeal was dismissed with costs.