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High Court Wellington
3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 October; 23 November 1994
Hammond J
3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 October; 23 November 1994
Hammond J
Wills — Testamentary capacity — Evidence — Onus of proof on issue of testamentary capacity — Considerations in establishing testamentary capacity or incapacity — Whether testamentary capacity established.
Wills — Secret trusts — Elements necessary to establish existence of secret trust — Whether half-secret trust of land enforceable without written evidence — Observations as to type of evidence to support existence of secret trust.