New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Admission to probate

  • 13 Dec 2023

    BARTLETT v GILLESPIE [2023] NZHC 3691

    Citation
    [2023] NZHC 3691
    Court
    High Court

    Because the executed Will was produced, the proposed administrator was already in interim administration, all interested parties signed a joint memorandum after mediation consenting to the compromise, and the statutory and procedural basis for consent orders exists (Senior Courts Act s 20(1)(g) and High Court Rules r 27.4), the Court was satisfied it was appropriate to grant Letters of Administration with the Will annexed and to give effect to the agreed settlement and consequential orders.

  • 13 Nov 2015

    HEWTON v HEMING [2015] NZHC 2831

    Citation
    [2015] NZHC 2831
    Court
    High Court

    Medical evidence established only mild to moderate cognitive decline but indicated capacity could exist for a simple will; both the second and third wills were rational on their face; the solicitor who drafted the second will properly assessed capacity at interview and the short timeframe and lack of medical evidence of deterioration supported that the deceased had testamentary capacity when executing the third will on 23 June 2011, therefore the third will must be admitted to probate.

  • 26 Jul 2010

    LEES HC AK CIV 2010-404-3834

    Citation
    openlaw-8db50c88_3067_4ee6_8c39_9e9741754fc6.pdf
    Court
    High Court

    The revocation clause in the Thai Will must be interpreted in light of the testator's intention and the instrument's terms; because the Thai Will explicitly applies to property in Thailand and instructs proceeds be transferred to the New Zealand trust, the revocation language is limited to Thai property and does not revoke the New Zealand Will as to property outside Thailand; accordingly probate of the New Zealand Will should be granted to the named executors.