New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Enduring powers of attorney

Legal area

Court

6 Aug 2020

GRBAVAC v VUJCICH [2020] NZHC 1953

Citation

[2020] NZHC 1953
Court

High Court

The Court found lack of testamentary capacity was a tenable issue given the deceased's advanced age, stage 5 renal failure, sensory impairments, repeated indecisive conduct over 2011–2013, unexplained and abrupt adverse changes in beneficiaries effected by the 2013 codicil, absence of contemporaneous medical or solicitor records showing enquiry into capacity, and poor professional record-keeping. Once lack of capacity was a tenable issue the onus shifted to the defendants to prove capacity on the balance of probabilities; they failed to discharge that onus. Accordingly the 2013 codicil was in…
14 Dec 2018

PUBLIC TRUST v DOLLIMORE [2018] NZHC 3316

Citation

[2018] NZHC 3316
Court

High Court

On the balance of probabilities the Court was satisfied the testator had testamentary capacity when she gave instructions on 22 January 2010 and when she executed the will on 26 January 2010: contemporaneous GP notes and the independent interview by an experienced Public Trust officer supported capacity, expert evidence did not categorically preclude capacity, and there was insufficient evidence to infer undue influence. Accordingly the 2010 will was declared valid and probate of the 2009 will was declined.