Lim v Lim

The appeal in *Lim v Lim* concerned a contested probate of the last will and testament of the late Daisy Ut-Mui Lam. The dispute arose between the executor of the deceased's will and a beneficiary who challenged the validity of the will, alleging a lack of testamentary capacity, specifically a lack of knowledge and approval. The matter was heard by Bell CJ, Kirk JA, and Griffiths AJA in the Court of Appeal of the Supreme Court of New South Wales.

The central legal issues before the Court of Appeal were whether the deceased possessed the necessary testamentary capacity, knowledge, and approval of her will dated 16 October 2019, and whether the Supreme Court had erred in its assessment of the evidence. The challenge to the will was based on allegations of hepatic encephalopathy, impaired hearing, and an inability to understand Mandarin, which were argued to have affected the deceased's capacity to understand the nature and effect of her will.

The Court of Appeal applied the principles established in *Briginshaw v Briginshaw* regarding the standard of proof in civil cases, noting that while contested probate cases require careful consideration of evidence, there is no general requirement for a higher degree of satisfaction than that which obtains in civil cases generally. The Court found that the evidence did not support the conclusion that the deceased lacked the requisite knowledge and approval of her will. Consequently, the appeal was allowed, the previous orders of the Supreme Court were set aside (except for costs), and a declaration was made that the document dated 16 October 2019 constituted the deceased's last will and testament, with a grant of probate in solemn form ordered. The respondent was also ordered to pay the appellant's costs of the appeal.