12 Aug 2010
SAUNDERS & ORS V THE NEW ZEALAND GUARDIAN TRUST COMPANY LIMITED HC PMN CIV-2008-454-389
- Citation
- openlaw-6d947143_9220_492b_9f8d_d20db5a96a5b.pdf
- Court
- High Court
The plaintiffs' claim failed because the conduct relied upon constituted normal family love and affection and did not amount to qualifying services; there was no sufficient nexus between any forbearance and the alleged promise; medical and professional evidence established testamentary capacity when the last will was made; and there was no evidence of undue influence by the caregiver. Therefore all aspects of the plaintiffs' claims were dismissed and costs were ordered against the estate.