15 May 2014
TANG v COLLINS [2014] NZHC 1011
- Citation
- [2014] NZHC 1011
- Court
- High Court
The Court found on the balance of probabilities that the solicitor read the will clause-by-clause in English and the testator's son translated the contents into Lao accurately in the presence of the independent sister and others; contemporaneous file notes and witness evidence removed any real suspicion that the will did not express the testator's mind. Therefore the defendants discharged the burden to prove the testator knew and approved the will and the application to recall probate was dismissed.