Some judges have argued that a presumption of advancement applies wherever there is a ‘greater prima facie probability of a beneficial interest being intended’.1
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This situation is likely to occur in the rarest of cases, since the court can always make a judgement about the relative credibility of evidence given by living parties.22
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1 Wirth v Wirth (1956) 98 CLR 228, 237 (Dixon CJ). See also Calverley v Green (1984) 155 CLR 242, 250 (Gibbs CJ).
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22 In Gissing v Gissing [1971] AC 886, 907, Lord Diplock commented that presumptions are easily rebutted if both parties are still alive and capable of giving evidence.