New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Burden of proof in will disputes

Legal area

Court

6 Sept 2017

MUMBY & ANOR v MUMBY & ORS [2017] NZCA 394

Citation

[2017] NZCA 394
Court

Court of Appeal

The court held that the testatrix understood and approved the 2011 will in the legal sense; feelings of reluctance or being 'backed into a corner' do not amount to lack of approval or undue influence absent evidence that the will did not reflect her testamentary intentions, and therefore the appeal must be dismissed.
9 Jul 2014

TANG v COLLINS [2014] NZHC 1605

Citation

[2014] NZHC 1605
Court

High Court

Rule 14.15 did not restrict the court to awarding a single set of costs because the combination of a potential conflict of interest and the breadth of evidential material filed meant the second defendants legitimately required separate advice and separate representation; accordingly separate costs and disbursements were justified and awarded to each defendant.