New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Testamentary promises (abandoned)

Legal area

Court

2 Nov 2016

FLYNN v SOFIANOS & ORS [2016] NZHC 2626

Citation

[2016] NZHC 2626
Court

High Court

No reasonable doubt was raised that the testator lacked testamentary capacity in January 2009; absence of contemporaneous psychiatric evidence, credible testimony from her GP and solicitor, and rational explanations for her conduct (choice of treatment location, financing, and testamentary beneficiaries) meant the onus was not met and the will stands.
8 Jul 2013

HARVEY v BEVERIDGE [2013] NZHC 1718

Citation

[2013] NZAR 1364
Court

High Court

Summary judgment was dismissed because the executor failed to show the defendant had no arguable defence; there were triable issues whether an unequivocal common intention constructive trust arose from the deceased's words and conduct and whether that created a caveatable institutional equitable interest, so the matter must proceed to full hearing.