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Loosley v Powell - [2018] 2 NZLR 618

$30.00

Court of Appeal Wellington
CA168/2017; [2018] NZCA 3
24 October 2017; 2 February 2018
French, Cooper and Asher JJ
Practice and procedure — Costs — Succession case — Executors and residual beneficiaries withholding information from other beneficiaries until after probate — Application for recall of probate — Award of costs against executors personally.
Wills — Testamentary capacity — Rule in Parker v Felgate — Onus of proof of testamentary capacity on day of giving instructions — Requirements at time of execution — Recommended procedure for solicitors drafting and executing wills — Relevance of significant changes from previous — Whether will-maker had had testamentary capacity at time of execution of will or when giving instructions.
Wills — Probate — Costs — Executors and residual beneficiaries withholding information from other beneficiaries until after probate — Application for recall of probate — Award of costs against executors personally.

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