New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Section 14 wills act 2007 validation

Legal area

Court

17 Dec 2021

RE GIBSON [2021] NZHC 3256

Citation

[2021] NZHC 3256
Court

High Court

On the balance of probabilities the court was satisfied the two documents completed on 12 February 2020 expressed the deceased's testamentary intentions and that the deceased had testamentary capacity at that time; there was insufficient evidence of undue influence to vitiate those intentions; accordingly the Court, exercising its remedial power under s14 Wills Act 2007, declared the documents to be the deceased's valid will.
2 Mar 2017

FARN & ORS v LOOSLEY [2017] NZHC 317

Citation

[2017] 3 NZLR 383
Court

High Court

Court found on balance of probabilities that the defendants failed to prove testamentary capacity on 2 May 2014 and failed to meet the requirements of Parker v Felgate for 29 April 2014 because of evidence of likely toxic accumulation of Oxynorm given hepatic impairment, nursing notes documenting lethargy and inability to process questions, diary evidence of confusion, and insufficient task-specific assessment by the solicitor; undue influence was not proven; probate of the 2014 will was recalled and s14 validation was unavailable.