New Zealand Case Law: Decisions & Judgments

Topic

Revocation of probate

Legal area

Court

13 Oct 2015

FRENCH v BLACK AND EADES [2015] NZHC 2519

Citation

[2015] NZHC 2519
Court

High Court

The court exercised its discretion to decline the defendant's application to strike out specified affidavit material and declined to make pretrial rulings on admissibility, concluding that in general admissibility is better determined at trial where the judge can assess the full evidential context, and because pretrial challenges would add inefficiency and cost; exceptional cases may warrant pretrial rulings but this was not one.
26 Aug 2009

CODLING V TUALA HC AK CIV 2008-404-4325

Citation

openlaw-b563f54b_828b_43e0_8a99_d78397ec6b33.pdf
Court

High Court

Because clause 3 of the 25 January 2006 Will did not refer to all intended beneficiaries and the parties agreed a remedial outcome, the court revoked the original grant of probate, declared clause 3 invalid to the extent it omitted intended residual beneficiaries, ordered the Will be amended to include the named beneficiaries, re-granted probate of the amended Will to the same executors, and ordered the estate to pay agreed costs to the applicant with executors entitled to reasonable costs out of the estate.
10 Mar 2009

TALAGI V TALAGI HC AK CIV 2008-404-002736

Citation

openlaw-7d2c916e_9fc5_45e0_b57e_9aab8d921822.pdf
Court

High Court

The court gave effect to the parties' consent reached at a judicial settlement conference and made orders that the defendants pay the plaintiff $112,000 in full and final settlement, payable within eight weeks with 12% p.a. interest thereafter, and that the defendants are liable both as executors and personally.

New Zealand Case Law

FRENCH v BLACK AND EADES [2015] NZHC 2519

CODLING V TUALA HC AK CIV 2008-404-4325

TALAGI V TALAGI HC AK CIV 2008-404-002736