4 Jun 2020
PUBLIC TRUST v ATWOOL [2020] NZHC 1228
- Citation
- [2020] NZHC 1228
- Court
- High Court
On the balance of probabilities the Court found that despite the GP's expressed concerns and evidence of fluctuating mental state, the contemporaneous observations of an experienced Public Trust officer, the logical and straightforward nature of the will changes, contemporaneous GP notes indicating the deceased was 'reasonable' and 'well in touch with reality' shortly before execution, and the absence of any opposing steps by the defendants established that the deceased had testamentary capacity when he executed the 22 January 2010 will; therefore probate in solemn form was granted for that w…