11 Sept 2008
RAMEKA V WIKATENE HC ROT CIV 2007-463-076
- Citation
- openlaw-2eef855e_fdf9_4eb3_b8e1_cf6bee2c7fd4.pdf
- Court
- High Court
Judge found that on balance of probabilities the testatrix lacked sufficient testamentary capacity and did not know and approve the contents of the 14 November 2005 will due to rapid medical decline, hypoxia and opioid treatment, and there was insufficient trustworthy evidence that the will reflected her instructions; accordingly the 2005 will was invalid and probate recalled, but limited probate of the prior lost will was granted only to the extent its $5,000 legacies to two nieces could be proved.