28 Sept 2021
SUN v SUN [2021] NZCA 489
- Citation
- [2021] NZCA 489
- Court
- Court of Appeal
The Court admitted further evidence on appeal because exceptional circumstances justified it (the High Court's adverse hearsay forgery finding was determinative and risked miscarriage of justice). On the merits the additional evidence (handwriting expert, witnesses, documentary proof of English proficiency and GP notes) established the deceased had sufficient command of English, wrote and approved her will, and there was no cogent evidence of undue influence; accordingly the will dated 7 September 2016 was declared valid.