22 Jul 2019
RE ESTATE HOWELL [2019] NZHC 1731
- Citation
- [2019] NZHC 1731
- Court
- High Court
On the balance of probabilities the applicants proved the deceased had testamentary capacity on 5 September 2014: contemporaneous solicitor notes and witness evidence showed coherent instructions and understanding, and medical evidence from a geriatric specialist supported that the deceased retained sufficient capacity for the specific testamentary decision; the 2014 will was therefore valid and probate was granted.