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Court of Appeal Wellington
CA365/2015; CA411/2015; [2016] NZCA 486
25, 26 July; 7 October 2016
Kós P, Harrison and French JJ
CA365/2015; CA411/2015; [2016] NZCA 486
25, 26 July; 7 October 2016
Kós P, Harrison and French JJ
Trusts and trustees — Appointment of trustees — Removal of trustees — Undue influence — Whether undue influence requires proof of improper motive — Relevance of independent advice.
Wills — Probate undue influence — “No other possible hypothesis” proposition rejected — Trial judge to be satisfied on balance of probabilities on undue influence.
Practice and procedure — Appeals to Court of Appeal — Functions of appellate Court — Appropriate deference to trial court on matters of credibility and reliability.