15 Aug 2016
Re SHEWARD, DRUMMOND AND CORDNER v DAVIDSON [2016] NZHC 1888
- Citation
- [2016] NZHC 1888
- Court
- High Court
The 18 April 2013 will is invalid for want of knowledge and approval because suspicious circumstances (active involvement of the carer in amending the draft, haste, execution of a stamped 'draft' without pages initialled, no evidence the will was read to a partially illiterate and vulnerable testator) were not dispelled by the propounder; alternatively, the 18 April will would have been set aside for undue influence. The 14 April 2013 will reflected the deceased's independent wishes and probate is granted in its favour.
- Knowledge and approval of will
- Testamentary capacity
- Undue influence
- Presumption of undue influence
- Gifts to carer
- Probate administration