24 Feb 2017
SHIELDS v HAYWARD [2017] NZHC 261
- Citation
- [2017] NZHC 261
- Court
- High Court
The plaintiff failed to prove undue influence or unconscionable conduct: the presumption of undue influence was rebutted by evidence that Mrs Shields consistently intended to prefer Carla (including earlier independent instructions), was estranged from Sarah, received adequate explanation and time from a competent independent solicitor, and retained practical benefits and protective powers under the trust; consequently the negligence claims against Corban Revell also failed because the firm acted competently and had no reasonable basis to suspect impairment at the time.