23 Dec 2021
PUBLIC TRUST v COUTTS [2021] NZHC 3620
- Citation
- [2021] NZHC 3620
- Court
- High Court
Given the specialist diagnosis of moderate dementia in April 2016, consistent contemporaneous clinical records and the unchallenged retrospective expert opinion that the testator lacked capacity in 2017, the Court was not satisfied on the balance of probabilities that the testator had testamentary capacity when executing the 2017 will; by contrast there was no clinical evidence of cognitive impairment in 2008 and the 2008 will was rational on its face so probate of the 2008 will was granted.