Ryan v Public Trustee - [2000] 1 NZLR 700

Damages — Assessment — Negligence — Stress and anxiety and stress of litigation — General damages.

Executors and administrators — Law Reform (Testamentary Promises) Act 1949 — Capacity to make testamentary promise — Effect on power to make promise of property order — Law Reform (Testamentary Promises) Act 1949.

Negligence — Duty of care — Failure by employee of Public Trustee to carry out testamentary instructions of elderly person — Doubt about testamentary capacity — Whether duty to investigate testamentary capacity — Whether instructions should have been carried out when capacity in doubt — Standard of care of Public Trust office.

Wills — Testamentary capacity — Duty of person taking will instructions to carry them out and to obtain proper opinion as to capacity.