13 Nov 2020
O’NEILL v O’NEILL [2020] NZHC 2988
- Citation
- [2020] NZHC 2988
- Court
- High Court
Medical and lay evidence established the deceased had testamentary capacity when he executed the 2012 will; evidence did not establish the wills were procured by undue influence (the presumption was rebutted by context including consistent prior testamentary intent, medical and solicitor observations, handwritten contemporaneous statements and the modest estate), and on balance the deceased did not breach his moral duty to his adult children given the limited estate and pre-eminent duty to his spouse; probate of the 2012 will granted and all challenges dismissed.