New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Law reform (testamentary promises) act 1949 settlement
  • 3 Aug 2006

    J M CONDON V J MARSHALL HC CHCH CIV-2005-409-001684

    Citation
    openlaw-707c611e_49e2_43ec_b3d3_a4683690a45b.pdf
    Court
    High Court

    The court held that a proponent may abandon a solemn form probate application and enter into compromise; given evidence including medical records and affidavits from the 1989 solicitor and witness, the 1989 will should be admitted in solemn form and probate granted accordingly; the 1996 proceeding was discontinued without costs.

    • Grant of probate
    • Solemn form vs common form
    • Testamentary capacity assessment
    • Compromise of probate proceedings
    • Law reform (testamentary promises) act 1949 settlement