24 Aug 2022
GAITZ v JAMES GAVIN DONOVAN and GIZELLA GAITZ as executors of the estate of VILMOS GAITZ [2022] NZHC 2107
- Citation
- [2022] NZHC 2107
- Court
- High Court
The Court found on the balance of probabilities that the 2015 will and the 2015 transfer were procured by undue influence exerted by Gizella over Vilmos — evidenced by prolonged isolation, control over finances, coercive incidents, and inadequacies in independent advice or separate consultation by the solicitor — and therefore the 2015 will is void and the 2015 transfer is set aside; the 2010 transfer and 2011 will were not set aside because the evidence supported that Vilmos likely exercised independent judgment when they were executed. Assets are to be held according to the 18 November 2011…