14 Dec 2018
PUBLIC TRUST v DOLLIMORE [2018] NZHC 3316
- Citation
- [2018] NZHC 3316
- Court
- High Court
On the balance of probabilities the Court was satisfied the testator had testamentary capacity when she gave instructions on 22 January 2010 and when she executed the will on 26 January 2010: contemporaneous GP notes and the independent interview by an experienced Public Trust officer supported capacity, expert evidence did not categorically preclude capacity, and there was insufficient evidence to infer undue influence. Accordingly the 2010 will was declared valid and probate of the 2009 will was declined.