17 Apr 2015
JURY v EYNON [2015] NZHC 738
- Citation
- [2015] NZHC 738
- Court
- High Court
On the totality of the evidence the Court was satisfied on the balance of probabilities that the testatrix had testamentary capacity when she signed the 29 September 2012 will; independent contemporaneous evidence corroborated her stated intentions; the husband's involvement did not establish undue influence; and the will complied with s11 Wills Act 2007, therefore the will is valid and the plaintiff may apply for a grant of probate in common form (with both executors or a renunciation).