12 Dec 2019
McNEISH v McARTHUR [2019] NZHC 3281
- Citation
- [2019] NZHC 3281
- Court
- High Court
The Court found on the balance of probabilities that the 2002 mirror wills reflected an honorary mutual expectation and not a binding agreement not to revoke; there was insufficient cogent evidence of an ancillary non-revocation pact and therefore no basis to impose a constructive trust or to defeat the validly executed 2013 will; the plaintiffs' claim failed.