New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Caveat against probate

Legal area

Court

1 Nov 2023

ROBERTS & ANOR v JACKSON & ANOR [2023] NZHC 3069

Citation

[2023] NZHC 3069
Court

High Court

Because the respondents lodged a caveat that they subsequently withdrew, thereby conceding no proper basis for it, and the applicants were successful in obtaining probate, the ordinary rule that costs follow the event applies. Potential future family protection or testamentary promises claims do not justify departing from that rule; any costs consequences of future proceedings will be determined by the judge hearing those proceedings.
21 Sept 2023

GARRIOCK v MARSHALL [2023] NZHC 2614

Citation

[2023] NZHC 2614
Court

High Court

The caveat was lodged without a sound basis, medical records (provided by consent) showed no testamentary capacity issue, the caveat was only withdrawn months later after depleting estate funds, and therefore the respondent failed and must pay costs to the applicant on a 2B basis of $7,170.
22 Jul 2019

RE ESTATE HOWELL [2019] NZHC 1731

Citation

[2019] NZHC 1731
Court

High Court

On the balance of probabilities the applicants proved the deceased had testamentary capacity on 5 September 2014: contemporaneous solicitor notes and witness evidence showed coherent instructions and understanding, and medical evidence from a geriatric specialist supported that the deceased retained sufficient capacity for the specific testamentary decision; the 2014 will was therefore valid and probate was granted.