New Zealand Case Law: Decisions & Judgments

Topic

Probate administration

Legal area

Court

29 Nov 2021

ESTATE OF M H ASHWORTH [2021] NZHC 3210

Citation

[2021] NZHC 3210
Court

High Court

On the balance of probabilities the unsigned and undated document dated about 24 September 2020 was drafted in accordance with clear, contemporaneous oral instructions given to an experienced solicitor who assessed testamentary capacity, the deceased was lucid and the only reason for non-execution was his death shortly afterwards, therefore the document expresses his testamentary intentions and is to be validated under s14 Wills Act 2007.
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.
22 Oct 2015

PUBLIC TRUST v WILLIAMS [2015] NZHC 2624

Citation

[2015] NZHC 2624
Court

High Court

Particular discovery was granted only in respect of Williams' personal income and company advances for 2009–2011 limited to documents establishing declared income, tax returns, sources of funds and advances from companies in which she had an interest because those documents could reasonably assist in inferring misapplication of Sentinel advances; the court refused broader company disclosure and declined to order disclosure for 2003–2005 because the distinction between personal and company payments was unlikely to be material to the core unconscionability issue and wider disclosure would be di…

New Zealand Case Law

ESTATE OF M H ASHWORTH [2021] NZHC 3210

Re SHEWARD, DRUMMOND AND CORDNER v DAVIDSON [2016] NZHC 1888

PUBLIC TRUST v WILLIAMS [2015] NZHC 2624