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As noted in Lowe v Ngan the cause of action fradulent calumny has not previously been recognised in New Zealand. This statement is expanded on at [62] to [65] as follows: The elements of fraudulent calumny are set out in Lowe v Ngan as follows: Byway of background to Lowe v Ngan: In Lowe v … Continue reading
Re the estate of Ian Douglas Dobson relates to an application for probate in solemn form necessitated due to questions arising as the will-maker’s testamentary capacity. The relevant time-line is: As noted at [14]: Regardless, the weight given to this assessment was balanced against the evidence given regarding the circumstances surrounding the execution of Mr … Continue reading
Hooper v Thackwell came before the court by way of a formal proof hearing with respect to a claim brought by her daughter Karen. The background facts are not complex, but raise some complex questions, in particular whether a lawyer could ever rely on a waiver to act on both sides of a transaction that … Continue reading
Grbavac v Vujcich relates to an application to recall probate on the basis that the deceased lacked testamentary capacity when he executed a codicil to a 2004 will in 2013. At the time of his death Joseph Grbavac’s estate was valued in excess of $10 million. The 2013 codicil reduced the number of executors, changed … Continue reading
Churchman J’s decision in Lane v Li, which runs to 239 paragraphs over 46 pages, relates to allegations that the deceased did not have testamentary capacity when a will was made together with an allegation of undue influence. As noted at [31]: [31] The Court is also in the unusual situation of having available to … Continue reading
In Estate of MTMW Pepere Boldt J declined to validate a transcript of two videos as a valid will. Boldt J noted that the deceased was plainly unwell and that it would have been impractical to draft and execute a formal will. Boldt J recorded at [8] that a “… transcript of a video recording … Continue reading
In Trustees Executors Limited v Poppe, Walker J explores the variation of a will against a background of a challenge as to capacity and an allegation of undue influence. There are two wills in question, one made in 2016 and one made in 2019. The primary difference is that the 2019 will provides that a … Continue reading
Re Estate Walters, which is an application for the validation of a draft will under the Wills Act 2007 highlights the importance of wills be safely stored following execution. In Re Estate Walters the deceased who lived in America but spent up to six months of each year in New Zealand where he owned property, … Continue reading
The background to Estate of Gaylene Harvey is summarised by Becroft J at [1] to [5] as follows: The issues for resolution were: With respect to the video, which was viewed in Court Becroft J noted at [16] that “… For what it is worth, Gaylene seemed relaxed, clear, and happily participating. It seemed to … Continue reading
Phillips v Heremaia relates to two sisters engaged in litigation with respect to their father’s estate. Although the matter settled at a judicial settlement conference not agreement was reached with respect to costs, which are the subject of this judgment. The following at [3] and [4] sets the tone for the decision: Rule 15.23 of the … Continue reading
Matters of Trust 