RE HISCOCK (DECEASED) HC ROT CIV 2008-463-000860

RE HISCOCK (DECEASED) HC ROT CIV 2008-463-000860

The will is valid and probate is granted because the Family Court, pursuant to the Protection of Personal Property Rights Act 1998, properly authorised execution of the approved will for the incapacitated testator, conducted adequate inquiry and medical assessment, and there was no sustainable challenge to those findings; accordingly the caveat is discharged and the order nisi is made absolute.

Citation
openlaw-85b61905_f2c4_459d_94e7_caf0b45c6b71.pdf
Parties
Deceased: Joy Hiscock; Applicant/executor: Shirley Frances Hiscock; Caveator: Donald Clive Hiscock; Interested Party: Jocelyn Florence McCracken; Interested Party: Marie Lepper
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 June 2010
Procedural Posture
Probate / Hearing on Caveat Following Order Nisi for Grant of Probate
Outcome
Caveat discharged; order nisi for grant of probate made absolute; grant of probate to Shirley Frances Hiscock; costs ordered against caveator to be paid from his share of the estate
Legal Topics
Testamentary Capacity, Execution of Will by Authorised Person Under Protection of Personal Property Rights Act 1998, Caveat to Probate, Jurisdictional Challenge Re Maori Land
Probate Family Law Wills and Estates Mental Capacity Testamentary Capacity Execution of Will by Authorised Person Under Protection of Personal Property Rights Act 1998 Caveat to Probate Jurisdictional Challenge Re Maori Land

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Joy Hiscock

Deceased

Shirley Frances Hiscock

Applicant/executor

Donald Clive Hiscock

Caveator

Jocelyn Florence McCracken

Interested Party

Marie Lepper

Interested Party

Procedural Posture

Probate / Hearing on Caveat Following Order Nisi for Grant of Probate

Legal Issues

  1. 1 Whether the will executed by an authorised person is valid
  2. 2 Whether the testator had testamentary capacity
  3. 3 Whether the High Court has jurisdiction despite assertions of Maori land

Ratio Decidendi

The will is valid and probate is granted because the Family Court, pursuant to the Protection of Personal Property Rights Act 1998, properly authorised execution of the approved will for the incapacitated testator, conducted adequate inquiry and medical assessment, and there was no sustainable challenge to those findings; accordingly the caveat is discharged and the order nisi is made absolute.

Court Disposition

Caveat discharged; order nisi for grant of probate made absolute; grant of probate to Shirley Frances Hiscock; costs ordered against caveator to be paid from his share of the estate

Orders

  • Caveat of Donald Clive Hiscock dated 11 December 2008 discharged.
  • The order nisi made on 30 October 2009 for grant of probate of the will of Joy Hiscock dated 17 August 2007 to Shirley Frances Hiscock is made absolute.