12 Apr 2018
ELLIN & ORS v THE PUBLIC TRUST [2018] NZHC 667
- Citation
- [2018] NZHC 667
- Court
- High Court
The deceased lacked testamentary capacity when executing the 28 September 2015 will; the grant of probate dated 15 March 2017 is recalled. Costs are awarded to the plaintiffs on a 2B basis; half the costs payable by the Public Trust are to be paid out of the estate; half the costs attributable to the second defendant are to be paid out of the estate up to his response to the Calderbank offer, after which the additional costs necessary solely to satisfy him are to be borne personally by him.