McFadzean v Moleta

In the High Court of New Zealand, Napier Registry, McFadzean v Moleta was a case regarding the estate of the late Donna June Bengston. John Douglas McFadzean, the plaintiff and executor of the will, was opposed by Glynis Rosilyn Moleta and Kim Anthony Moleta, who were Bengston's siblings, and Peter Kane Bengston, who was Bengston's husband and the sole beneficiary under the will. The main legal issue was whether Donna Bengston had testamentary capacity when she made her will on 27 February 2012, and if the will was valid. The court determined that Bengston did have testamentary capacity and the will was valid, leading to the grant of probate to McFadzean.

The court's reasoning in this case was based on the general principle that costs should follow the event, and be awarded to a successful party against an unsuccessful party. However, in probate proceedings where the capacity of the testator is at issue, this presumption can be displaced, as it is the Court's obligation to ensure that legitimate concerns about the capacity of the testator are investigated. The court found that there were sufficient and reasonable grounds for the Moletas to challenge the capacity of Donna Bengston when she made her 2012 will, as she was seriously mentally unwell at the time the will was made, the will was made within 24 hours of her death, and the new will substantially altered the dispositions under the old will.

The court decided that even though the Moletas were unsuccessful parties, they were justified in challenging the will given the nature of the case and the issues it raised. Consequently, they should be entitled to recover their costs on a scale 2B basis and disbursements as set by the Registrar, from the estate. This decision was based on the precedents set in Woodward v Smith, Nijsse v Squires, and Fraser v Chalmers, where the challengers were either excused from paying the successful party's costs or awarded costs out of the estate. The final orders were that the Moletas would be entitled to recover their costs on a scale 2B basis and disbursements as set by the Registrar, from the estate.