20 Dec 2016
RULE AND BELCHER v RULE AND CHARLES [2016] NZHC 3160
- Citation
- [2016] NZHC 3160
- Court
- High Court
On the balance of probabilities the Court found the testatrix did not lack testamentary capacity when she executed the July 2007 will (specialist geriatric evidence and contemporaneous medical/NIHSS findings and eyewitness evidence persuaded the Court); there was insufficient evidence of undue influence by Louise; however the will as executed created a gross disparity and, objectively assessed, breached Muriel's moral duty to Doug and Jane under s4 Family Protection Act 1955, so remedial relief is required and the Court reserved submissions on the appropriate relief (judge indicated preferenc…