Capacity vacuum

In the Matter of the Estate of Mabel Florence Murray the Court had to determine whether Mrs Murray had testamentary capacity when she executed a codicil and the earlier will. Evidence was given by Mrs Murray’s doctor, son and lawyer; all of whom were found to be credible. However, the view of the Court by reference to the analysis of the evidence (from the different perspectives of whether or not Mrs Murray had capacity) that the information vacuum was such that on the balance of probabilities, the Court could not be satisfied that Mrs Murray had testamentary capacity at the relevant times.

Also see Anthony Grant: Can lawyers assess incapacity?

References:

• In the Matter of the Estate of Mabel Florence Murray [2012] NZHC 545
• Law News, 5 July 2024