A beneficiary’s silence in a contested will claim

[W]hat inference, if any, should be drawn from the beneficiary’s silence? … The answer is, in those circumstances, that the court is entitled to infer that the beneficiary has adequate resources upon which to live and that he, or she, does not wish to advance a competing financial claim upon the bounty of the deceased: Anderson v Teboneras [1990] VicRp 47; [1990] VR 527 at 535, per Ormiston J … Hallen AsJ in Harkness v Harkness (No 2) [2012] NSWSC 35 at 106 & 108.


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