DE GREGORIO v SURRIDGE [2019] NZHC 1802

DE GREGORIO v SURRIDGE [2019] NZHC 1802

The 2014 will is invalid: the evidence displaced the presumption of capacity and, on consideration of medical records, witness evidence and the circumstances of execution, the Court was not satisfied the deceased had requisite testamentary capacity on 21 January 2014; separately, the contemporaneous will and deed of assignment were procured by undue influence given the decedent's vulnerability, the trust reposed in and opportunity of Paul and Ms Pearson, and the substantial unexplained benefit to Ms Pearson; the 2016 settlement deed is valid and operates to preclude relitigation of the matters it resolved and to bar Ms Pearson's attempt to revive the assignment; probate of the 2000 will...

Citation
[2019] NZHC 1802
Parties
Plaintiff (civ 2017 485 602870): Nunzio de Gregorio; First Defendant (civ 2017 485 602870): Anne Josephine Surridge; Second Defendant (civ 2017 485 602870): Paul Houston Surridge; Plaintiff (civ 2018 485 65): Marion Joan Pearson; Temporary Administrator / Defendant (civ 2018 485 65): David Stuart Vance
Court
High Court
Jurisdiction
New Zealand
Judgment Date
29 July 2019
Procedural Posture
Probate and Estate Litigation Under the Administration Act; Consolidated High Court Proceedings Concerning Testamentary Capacity, Undue Influence, EPOA and Enforcement of Settlement Deed / Final Judgment (high Court)
Outcome
2014 will declared invalid for lack of testamentary capacity and because it was procured by undue influence; probate granted of the 16 October 2000 will to David Stuart Vance as administrator; settlement deed upheld and Ms Pearson's challenge dismissed; David Vance to continue implementation and administration.
Legal Topics
Testamentary Capacity, Undue Influence, Enduring Power of Attorney, Deed of Assignment, Settlement Deed Enforcement, Family Protection Act Claim, Appointment and Duties of Estate Administrator
Succession and Probate Trusts and Estates Elder Law and Capacity Civil Procedure (abuse of Process) Property and Contract Testamentary Capacity Undue Influence Enduring Power of Attorney +4 more

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Parties

Nunzio de Gregorio

Plaintiff (civ 2017 485 602870)

Anne Josephine Surridge

First Defendant (civ 2017 485 602870)

Paul Houston Surridge

Second Defendant (civ 2017 485 602870)

Marion Joan Pearson

Plaintiff (civ 2018 485 65)

David Stuart Vance

Temporary Administrator / Defendant (civ 2018 485 65)

Procedural Posture

Probate and Estate Litigation Under the Administration Act; Consolidated High Court Proceedings Concerning Testamentary Capacity, Undue Influence, EPOA and Enforcement of Settlement Deed / Final Judgment (high Court)

Legal Issues

  1. 1 Whether the deceased had testamentary capacity on 21 January 2014 when he executed the 2014 will
  2. 2 Whether the 2014 will was procured by undue influence
  3. 3 Whether the 2014 will made adequate provision under the Family Protection Act 1955 (alternative claim)

Ratio Decidendi

The 2014 will is invalid: the evidence displaced the presumption of capacity and, on consideration of medical records, witness evidence and the circumstances of execution, the Court was not satisfied the deceased had requisite testamentary capacity on 21 January 2014; separately, the contemporaneous will and deed of assignment were procured by undue influence given the decedent's vulnerability, the trust reposed in and opportunity of Paul and Ms Pearson, and the substantial unexplained benefit to Ms Pearson; the 2016 settlement deed is valid and operates to preclude relitigation of the matters it resolved and to bar Ms Pearson's attempt to revive the assignment; probate of the 2000 will...

Court Disposition

2014 will declared invalid for lack of testamentary capacity and because it was procured by undue influence; probate granted of the 16 October 2000 will to David Stuart Vance as administrator; settlement deed upheld and Ms Pearson's challenge dismissed; David Vance to continue implementation and administration.

Orders

  • The 2014 will dated 21 January 2014 is declared invalid and of no effect
  • Probate of the will dated 16 October 2000 is granted to David Stuart Vance (partner, Deloitte) as administrator/executor