14 Jun 2005
VAN DER KAAP V WILSON & ORS CA CA97/04
- Citation
- openlaw-c9f27cdb_fcea_4c48_af05_66a9f3ea2c9c.pdf
- Court
- Court of Appeal
On the evidence before the Court the deceased had testamentary capacity and there was no proper evidence of undue influence; the appellant's procedural complaints were undermined by his failure to file timely affidavit and the High Court was entitled to resolve the factual disputes on the s 61 mini-trial and make the order nisi absolute, so the appeal is dismissed.
- Testamentary capacity
- Undue influence
- Administration act 1969 s 61
- Order nisi vs probate in solemn form
- Costs