Dore v Billinghurst

In the Supreme Court of South Australia, Dore appealed against a decision made by Billinghurst in relation to the validity of a will made by his father, who passed away in 2008. The will significantly benefited Billinghurst, who had been the testator's solicitor since 1987 and had drafted the will in question. Dore contested the will, claiming that his father lacked testamentary capacity at the time of its creation and that Billinghurst had unduly influenced him. The trial judge upheld the validity of the will, and Dore appealed, challenging the judge's decision on several grounds.

The court was required to determine whether Billinghurst had discharged his burden of proof to demonstrate that the testator had testamentary capacity at the time he made his will and that he knew and approved the contents of the will. The court also needed to consider whether the trial judge properly rejected the evidence of the testator’s widow regarding meetings between the testator and Billinghurst. Additionally, the court had to decide whether Billinghurst should have been ordered to pay the costs of the action regardless of whether or not probate was granted, and whether Billinghurst had a duty to refuse to make a will that benefited him.

The court found that Billinghurst had discharged his burden of proof, as he had provided sufficient evidence to support the testator's testamentary capacity and knowledge of the will's contents. The court upheld the trial judge's decision to reject the widow's evidence, finding that it was not credible. The court also determined that Billinghurst should not have been ordered to pay the costs of the action regardless of the outcome of the appeal. Finally, the court held that Billinghurst did not have a duty to refuse to make a will that benefited him, as long as he acted within the bounds of professional conduct.

The appeal was dismissed, and both parties to the appeal were ordered to have their costs assessed on the indemnity basis and paid out of the estate of the testator.