Dementia Years

In Public Trust v McSaveney the death certificate refers to “Dementia Years.” That might be considered dispositive of an application for probate in solemn form where the will-maker died less than 18 months after her final will. Becroft J’s decision warrants careful consideration as she traverses the cost benefit analysis of medical assessment and experts in the context of a modest estate.

The relevant background and key considerations are set out at [16] to [ ] as follows:

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References:

• Public Trust v McSaveney [2026] NZHC 1144
• Woodward v Smith [2009] NZCA 215
• Public Trust v Dollimore [2018] NZHC 3316
• Public Trust v White [2012] NZHC 230
• Leppien v Public Trustee High Court Nelson CP21/00, 26 July 2002
• Banks v Goodfellow (1870) LR5 QB 54;