New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Solicitor certification

Legal area

Court

30 Mar 2023

LOCHHEAD v DAWSON [2023] NZHC 672

Citation

[2023] NZHC 672
Court

High Court

Applicants failed to show cause for a full inquiry: the will and accompanying declaration were rational on their face, the solicitor who attended certified the deceased had capacity, contemporaneous medical records contained no cognitive concerns on the date of execution, evidence did not establish undue influence and the deceased gave and maintained instructions independently; accordingly the order nisi should be made absolute.
2 Oct 2018

IN THE ESTATE OF HARLEY JAMES FOWLER [2018] NZHC 2581

Citation

[2018] NZHC 2581
Court

High Court

The notice of choice under s61 was set aside because it was made in error and the error was not detected by the certifying solicitor; setting it aside was necessary to allow the surviving spouse to obtain letters of administration.
22 Aug 2011

WESTPAC NEW ZEALAND LIMITED V CHAHIL & ORS HC AK CIV-2011-404-1612

Citation

openlaw-daa8ab84_b9c8_41fc_8756_9648864e5b6a.pdf
Court

High Court

The application for summary judgment was dismissed because it was arguable that clause 34 of the guarantee limited the second defendant's liability to the assets of the trusts and there remained a live issue (not resolved on the affidavits) about whether he was a beneficiary of the Chahil Family Trust; accordingly the plaintiff had not established the defendant had no defence.