New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Declaration of invalid will
  • 1 Oct 2020

    ENDEAN v ENDEAN [2020] NZHC 2575

    Citation
    [2020] NZHC 2575
    Court
    High Court

    Expert geriatric psychiatric evidence and contemporaneous medical and solicitors' records established progressive cognitive decline and deficits in understanding, retention and appreciation of testamentary matters such that the presumption of capacity was displaced; applicants failed to establish requisite Banks v Goodfellow elements were met on 1 August 2018, therefore the 2018 will was invalid for lack of testamentary capacity and the 1994 will governs administration.