31 Aug 2023
ESTATE OF HENRY SOLE [2023] NZHC 2537
- Citation
- [2023] NZHC 2537
- Court
- High Court
On the balance of probabilities the Court was satisfied that the testator had requisite testamentary capacity when executing the 27 January 2011 will because contemporaneous, on‑the‑spot notes and testimony of the will preparer (Mr F) demonstrating careful considered instructions, combined with evidence the testator's schizophrenia was medicated and he was managing in the community, outweighed the inconclusive retrospective medical opinions; accordingly probate in solemn form was granted for the 27 January 2011 will.