31 May 2019
Dodssuweit v Olivier [2019] NZHC 1226
- Citation
- [2019] NZHC 1226
- Court
- High Court
On the balance of probabilities the court found the deceased had the requisite testamentary capacity and capacity to enter the challenged gifting transactions in May 2017. The contemporaneous medical records, treating clinicians' assessments, objective context (including longstanding testamentary intention to favour the second daughter), explanations for apparently aberrant behaviour, the absence of reliable evidence of delirium at the relevant times, and credible legal advice given on instructions collectively established capacity. Consequently the unconscionability claim also failed.