Estate of Williams [2023] NZHC 3209

Estate of Williams [2023] NZHC 3209

On the balance of probabilities the deceased had testamentary capacity when executing the will dated 4 September 2017 but lacked capacity when executing the will dated 9 February 2021; therefore the 4 September 2017 will is the last valid will and probate is granted to Fern Michele Mackenzie, with costs payable from the estate.

Citation
[2023] NZHC 3209
Parties
Plaintiff – Proposed Executrix of a Will of Joan Isabel Williams Dated 4 September 2017: Fern Michele Mackenzie; Defendant – Possible Executrix of a Will of Joan Isabel Williams Dated 9 February 2021 or 1 June 2007: Fern Michele Mackenzie
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 November 2023
Procedural Posture
Application for Grant of Probate (solemn Form) / Hearing on the Papers; Judgment Delivered 14 November 2023
Outcome
Will dated 4 September 2017 proved in solemn form; probate granted to Fern Michele Mackenzie; costs on a solicitor and client basis and reasonable disbursements payable from the estate.
Legal Topics
Testamentary Capacity, Admission to Probate, Costs Payable From Estate
Probate Wills and Succession Capacity/medical Law Estate Administration Testamentary Capacity Admission to Probate Costs Payable From Estate

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Parties

Fern Michele Mackenzie

Plaintiff – Proposed Executrix of a Will of Joan Isabel Williams Dated 4 September 2017

Fern Michele Mackenzie

Defendant – Possible Executrix of a Will of Joan Isabel Williams Dated 9 February 2021 or 1 June 2007

Procedural Posture

Application for Grant of Probate (solemn Form) / Hearing on the Papers; Judgment Delivered 14 November 2023

Legal Issues

  1. 1 Whether the deceased had testamentary capacity to execute the 9 February 2021 will
  2. 2 Whether the deceased had testamentary capacity to execute the 4 September 2017 will
  3. 3 Which of the executed wills is the last valid will

Ratio Decidendi

On the balance of probabilities the deceased had testamentary capacity when executing the will dated 4 September 2017 but lacked capacity when executing the will dated 9 February 2021; therefore the 4 September 2017 will is the last valid will and probate is granted to Fern Michele Mackenzie, with costs payable from the estate.

Court Disposition

Will dated 4 September 2017 proved in solemn form; probate granted to Fern Michele Mackenzie; costs on a solicitor and client basis and reasonable disbursements payable from the estate.

Orders

  • The will dated 4 September 2017 is proved in solemn form to be the last will of Joan Isabel Williams.
  • Probate of the last will of Joan Isabel Williams is to issue to Fern Michele Mackenzie.