RICHARDSON v SPIVAK [2016] NZHC 2637

RICHARDSON v SPIVAK [2016] NZHC 2637

On the balance of probabilities the court was satisfied the testator had testamentary capacity on 26 March 2012 because he was experienced in making wills, understood his assets and consequences of dispositions, his changes were consistent with longstanding estrangement from family, the medical concerns did not...

Source-derived case information.

Citation
[2016] NZHC 2637
Parties
Plaintiff: Peter Reginald Richardson; First Defendant: Valentina Borisonva Spivak; Second Defendant: Zoran Gvonzdenovic; Third Defendant: Mitnik Serge; Fourth Defendant: Janna Spivak
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 November 2016
Procedural Posture
Application for Probate in Solemn Form / Judgment on Application (hearing Concluded)
Outcome
Application for probate granted; will of 26 March 2012 declared valid
Legal Topics
Testamentary Capacity, Probate in Solemn Form, Intestacy, Burden of Proof
Succession Wills and Estates Probate Capacity Testamentary Capacity Probate in Solemn Form Intestacy Burden of Proof

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Parties

Peter Reginald Richardson

Plaintiff

Valentina Borisonva Spivak

First Defendant

Zoran Gvonzdenovic

Second Defendant

Mitnik Serge

Third Defendant

Janna Spivak

Fourth Defendant

Procedural Posture

Application for Probate in Solemn Form / Judgment on Application (hearing Concluded)

Legal Issues

  1. 1 Whether the testator had testamentary capacity when executing the will on 26 March 2012
  2. 2 Whether the proponent discharged the onus to prove validity of the will
  3. 3 Weight to be given to competing medical and lay evidence

Ratio Decidendi

On the balance of probabilities the court was satisfied the testator had testamentary capacity on 26 March 2012 because he was experienced in making wills, understood his assets and consequences of dispositions, his changes were consistent with longstanding estrangement from family, the medical concerns did not establish incapacity at the time, and the proponent discharged the onus; therefore the will is valid and probate is granted.

Court Disposition

Application for probate granted; will of 26 March 2012 declared valid

Orders

  • Probate of the will dated 26 March 2012 granted
  • The will is declared to be the valid will of Zivko Gvozdenovic