18 Apr 2023
BALL & ORS v SAINT & ORS [2023] NZHC 814
- Citation
- [2023] NZHC 814
- Court
- High Court
On the balance of probabilities the plaintiffs proved that the deceased had testamentary capacity when he signed the 18 April 2017 will, there was no sufficient evidence of undue influence and the presumption of knowledge and approval was unrebutted; accordingly probate of the 2017 will is granted in solemn form and the court may make the agreed consent orders notwithstanding the parties' compromise does not determine issues of capacity.