New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

High court rules r 27 procedures
  • 15 Apr 2015

    RAKICH v COX AND ANOR [2015] NZHC 703

    Citation
    [2015] NZHC 703
    Court
    High Court

    On unchallenged psychiatric evidence (Dr Casey) that the deceased lacked understanding of the nature and extent of his estate and was suffering dementia at the time the 15 November 2013 document was executed, the 2013 will was invalid for lack of testamentary capacity; therefore the Court declared the second will void and directed that probate proceedings proceed in relation to the earlier 2000 will subject to renunciations and appointment of an independent administrator.

    • Testamentary capacity
    • Renunciation of probate
    • Letters of administration with will annexed
    • High court rules r 27 procedures
    • Occupation rental claim
    • Settlement compromise