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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
Testamentary trusts arise in many circumstances and for many reasons. In Castle Trustees Limited the deceased provided for the residue of his estate to provide income for his children throughout their lives with a 1/4 share of the total residuary estate being distributed in equal shares to the grandchildren following the death of each child. … 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
The Court of Appeal has dismissed the appeal against the High Court decision in Swanwick v Bostock, which denied leave to file a testamentary promises claim out of time. As noted at [26] of the Court of Appeal decision delivered by Osborne J: See further at Final – or not … References:
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
Re Bleeker relates to an application by the trustees of the Makikihi Library Hall Trust (the Trust) for orders land known as the Makikihi Hall, vest in them. The original trustees of the Trust were Mr Crowe who died in 2005 and Mr Fowler who died in 2015. When powers of appointment are derived through a will … Continue reading
Alan O’Donoghue (Alan) and Marc Comia (Marc) married in 2016. They subsequently separated and later entered into a settlement agreement dated 6 April 2020 (the Agreement) recording the division of relationship property. It was common ground that the Agreement did not meet the formal requirements of an agreement to contract out of the Property (Relationships) … Continue reading
The fundamental question in Swanwick v Bostock, which relates to claims pursuant to the Law Reform (Testamentary) Promises Act 1949, is whether any estate subject to the claim has been finally distributed. Mr Swanwick, who died in 2008 and Mrs Swanwick who died in 2021 left their respective half interests in a farm to their … Continue reading
Where an executor has concern as to a will-maker’s capacity, the appropriate course of action is to seek probate in solemn form. Public Trust v The Cancer Society of New Zealand, Otago and Southland Division Incorporated provides a useful example of the importance of contemporary evidence of capacity (where incapacity was not identified by the person taking … Continue reading
Matters of Trust 