2 Mar 2017
FARN & ORS v LOOSLEY [2017] NZHC 317
- Citation
- [2017] 3 NZLR 383
- Court
- High Court
Court found on balance of probabilities that the defendants failed to prove testamentary capacity on 2 May 2014 and failed to meet the requirements of Parker v Felgate for 29 April 2014 because of evidence of likely toxic accumulation of Oxynorm given hepatic impairment, nursing notes documenting lethargy and inability to process questions, diary evidence of confusion, and insufficient task-specific assessment by the solicitor; undue influence was not proven; probate of the 2014 will was recalled and s14 validation was unavailable.