For a Court ready (fee required) version please follow this link
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2014-485-006345 [2017] NZHC 317
BETWEEN EVELYN GWYNNE FARN,
KATHERINE ANNE POWELL, BARBARA ANNE POWELL, JILL ROSEMARY ELEVELD AND MARK ELEVELD
Plaintiffs
AND
JENNIFER LOOSLEY, ROBERT GEORGE LOOSLEY, THOMAS ALEXANDER LOOSLEY AND NICHOLAS EDWARD LOOSLEY Defendants
Hearing: 8-12, 15-16 August 2016 Appearances:
J P Morgan QC and W J Scotter for Plaintiffs
A F Grant and H G Holmes for DefendantsJudgment:
2 March 2017
JUDGMENT OF COURTNEY J
This judgment was delivered by Justice Courtney on 2 March 2017 at 3.00 pm
pursuant to R 11.5 of the High Court Rules
Registrar / Deputy Registrar
Date……………………….
FARN & ORS v LOOSLEY [2017] NZHC 317 [2 March 2017]
Table of Contents
Para No. Introduction [1] Allison Slater and her family [5] February to May 2014
Conversations with Tom and Kate [12]
Rarotonga [13] Monday 28 April 2014: making an appointment with Mr McDell [19] Tuesday 29 April 2014: instructions to Mr McDell [21] Wednesday 30 April: Allison corrects her instructions to Mr
McDell and Evelyn visits [27] Thursday 1 May 2014: admission to Dove House [31] Friday 2 May 2014: Allison executes the 2014 will [33]
Testamentary capacity: relevant principles [39]
Did Allison have testamentary capacity on either 29 April or
2 May 2014?
The onus of proof [46]
General observations as to the evidence [47] No visible changes in the brain or symptoms of brain disease [52] Was Allison’s cognitive functioning affected by liver
impairment and Oxynorm? [57] Cognitive functioning affected by delirium? [72] Mr McDell’s evidence about 29 April 2014 [80] Mr McDell’s evidence about 2 May 2014 [85] Allison’s diary entries [89] Conclusions on testamentary capacity [98]
Undue influence [103] Validation under s 14 Wills Act 2007 [114] Summary and result [127]
Introduction
[1] Allison Slater1 was a widow, and childless, when she died on 8 May 2014. In a will made five days before her death she left her substantial residuary estate to two nephews, Thomas (Tom) Loosley and Nicholas (Nick) Loosley, whose mother, Jennifer Loosley (Jenny), was Allison’s elder sister. Jenny and her husband, Robert, are the executors of the will and have obtained probate of it.
[2] Other family members have applied to recall probate on the grounds that Allison lacked testamentary capacity or that the will was the product of undue influence. They are Allison’s younger sister, Barbara Powell, Barbara’s daughter, Katherine Powell (Kate), Allison’s sister-in-law, Rosemary Eleveld and Rosemary’s
son, Mark Eleveld.2
[3] If Allison’s will were shown to be invalid the will she executed in 2011 would operate. Under that will the residuary estate would be shared equally among Tom, Nick, Kate, Kate’s brother, Benjamin Powell and Mark Eleveld.
[4] The following issues arise:
(a) Did Allison have testamentary capacity when she executed the will on
2 May 2014?
(b)If not, did she have testamentary capacity when she gave her solicitor instructions on 29 April 2014 and sufficient understanding when she…
Continue reading Farn v Loosley
Sign in free to access the full text
- AGLC
- Farn v Loosley [2017] NZHC 317
- Case
- [2017] NZHC 317
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.