15 Jun 2023
COLLINS v COLLINS [2023] NZHC 1491
- Citation
- [2023] NZHC 1491
- Court
- High Court
The Court found the propounder had not discharged the onus to prove testamentary capacity on 18 March 2015 given the prior evidence of incapacity, the limited scope of the contemporaneous medical opinion and the lack of direct reliable evidence of capacity at execution; accordingly the 2015 will was invalid and probate was granted to the earlier valid will dated 10 July 2014, with the executors named in that will (Terrence and Anthony) jointly appointed; the Court declined to exercise s6(2) to appoint an independent executor.